Duty to Furnish Information About Obligor to Department; Use of Information Obtained; Penalty for Noncompliance

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Child Support Recovery Act
  6. Duty to Furnish Information About Obligor to Department; Use of Information Obtained; Penalty for Noncompliance

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  1. Any entity in this state including for profit, nonprofit, and governmental employers, upon the request of the department and its authorized contractors, shall provide the department with information, including the name, address, social security number, employment, compensation, and benefits regarding a person owing or allegedly owing an obligation of support for a dependent child.
  2. Except as may be prohibited under the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681, et seq., the child support enforcement agency may require disclosure of information, including the location, employment, title to property, credit status, or professional affiliation to assist the child support enforcement agency in locating a custodial parent or noncustodial parent. The child support enforcement agency may require such disclosure from any state or local government agency; state, county, or municipal registry of deeds or titles; registry of vital records and statistics; utility company regulated by the Georgia Public Service Commission; tax assessor's office; housing authority; employer; professional or trade association; labor union; professional or trade licensing board; or credit bureau or agency. Information furnished by a telephone company, however, shall be limited to the address and telephone number of an obligor or obligee.
  3. The child support enforcement agency may request from any employer or other person or entity providing a source of income which the child support enforcement agency has reason to believe employs an obligor or obligee or otherwise provides the obligor or obligee with regular periodic income information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The child support enforcement agency shall not inquire of an employer or other person or entity providing a source of income concerning the same obligor or obligee more than once every three months.
  4. The department upon receipt of information collected pursuant to this Code section may make such information available only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Information collected by the department pursuant to this Code section shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50.
  5. No employer or other person or entity providing a source of income who complies with this Code section shall be liable in any civil action or proceeding brought by the obligor or obligee on account of such compliance.
  6. Responses pursuant to this Code section may be made by paper, facsimile, magnetic tape, or other electronic means.
  7. The failure of any individual or entity, without reasonable cause, to provide the child support enforcement agency with the information requested under this Code section within 14 days after such information is requested or a willful false response to a request pursuant to this Code section shall be punishable by a penalty to be assessed by the child support enforcement agency or by a court of competent jurisdiction in the amount of $100.00 for each such failure or false response.

(a.1) (1)In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor vehicles as now existing or hereafter amended, the Department of Driver Services shall require an applicant for a driver's license, a commercial driver's license, a learner's permit, or an identification card to provide to the Department of Driver Services the applicant's social security number or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number because he or she is an alien not authorized to work in the United States as part of the application. Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any driver's license, permit, or identification card to any person who is not a resident as defined in Code Section 40-5-1. If the legal authorization of such person is terminated or expired, any Georgia driver's license issued to such person shall be revoked. The Department of Driver Services shall provide to the Department of Human Services, in addition to other information required to be provided to the Department of Human Services, such social security numbers of individuals who have been issued a driver's license, a commercial driver's license, a learner's permit, or an identification card. The Department of Human Services shall use the information provided by the Department of Driver Services pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support.

In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Chapter 2 of Title 27 relating to licenses and permits as now existing or hereafter amended, the Department of Natural Resources shall require an applicant for a license or permit pursuant to Chapter 2 of Title 27 to provide to the Department of Natural Resources the applicant's social security number as a part of the license or permit application. The Department of Natural Resources shall provide to the Department of Human Services, along with other information required to be provided to the Department of Human Services, the social security numbers of individuals who have been issued a license or permit pursuant to Chapter 2 of Title 27. The Department of Human Services shall use the information provided by the Department of Natural Resources pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support.

The information collected by the Department of Driver Services and the Department of Natural Resources and transmitted to the Department of Human Services pursuant to paragraphs (1) and (2) of this subsection shall be deemed confidential and not subject to public disclosure but may be shared with other state agencies as needed to comply with federal law.

(Code 1981, §19-11-9.1, enacted by Ga. L. 1987, p. 1114, § 1; Ga. L. 1988, p. 13, § 19; Ga. L. 1991, p. 950, § 5; Ga. L. 1997, p. 1613, § 25; Ga. L. 2002, p. 1247, § 5; Ga. L. 2003, p. 415, § 5; Ga. L. 2004, p. 631, § 19; Ga. L. 2005, p. 334, § 8-1/HB 501; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2017, p. 646, § 2-3/SB 137.)

The 2017 amendment, effective July 1, 2017, substituted "child support enforcement agency" for "IV-D agency" throughout this Code section.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).


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