Duties; Powers; Authorization to Retain Professional Services

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Alimony and Child Support
  5. Georgia Child Support Commission
  6. Duties; Powers; Authorization to Retain Professional Services

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  1. The commission shall have the following duties:
    1. To study and evaluate the effectiveness and efficiency of Georgia's child support guidelines;
    2. To evaluate and consider the experiences and results in other states which utilize child support guidelines;
    3. To create and recommend to the General Assembly a child support obligation table consistent with Code Section 19-6-15;
    4. To determine periodically, and at least every four years, if the child support obligation table results in appropriate presumptive awards;
    5. To identify and recommend whether and when the child support obligation table or child support guidelines should be modified;
    6. To develop, publish in print or electronically, and update the child support obligation table and worksheets and schedules associated with the use of such table;
    7. To develop or cause to be developed software and a calculator associated with the use of the child support obligation table and child support guidelines and adjust the formula for the calculations of self-employed persons' income pursuant to applicable federal law, if the commission determines that the calculation affects persons paying or receiving child support in this state;
    8. To develop training manuals and information to educate judges, attorneys, and litigants on the use of the child support obligation table and child support guidelines;
    9. To collaborate with the Institute for Continuing Judicial Education, the Institute of Continuing Legal Education, and other agencies for the purpose of training persons who will be utilizing the child support obligation table and child support guidelines;
    10. To make recommendations for proposed legislation;
    11. To study the appellate courts' acceptance of discretionary appeals in domestic relations cases and the formulation of case law in the area of domestic relations;
    12. To study alternative programs, such as mediation, collaborative practice, and pro se assistance programs, in order to reduce litigation in child support and child custody cases; and
    13. To study the impact of having parenting time serve as a deviation to the presumptive amount of child support and make recommendations concerning the utilization of the parenting time adjustment.
  2. The commission shall have the following powers:
    1. To evaluate the child support guidelines in Georgia and any other program or matter relative to child support in Georgia;
    2. To request and receive data from and review the records of appropriate agencies to the greatest extent allowed by state and federal law;
    3. To accept public or private grants, devises, and bequests;
    4. To enter into all contracts or agreements necessary or incidental to the performance of its duties;
    5. To establish rules and procedures for conducting the business of the commission; and
    6. To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities.
  3. The commission shall be authorized to retain the services of auditors, attorneys, financial consultants, child care experts, economists, and other individuals or firms as determined appropriate by the commission.

(Code 1981, §19-6-53, enacted by Ga. L. 2005, p. 224, § 11/HB 221; Ga. L. 2006, p. 583, § 6/SB 382; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2014, p. 457, § 9/SB 282.)

Editor's notes.

- Ga. L. 2006, p. 583, § 10(b)/SB 382, not codified by the General Assembly, provides: "Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007."

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 103 (2006).

CHAPTER 7 PARENT AND CHILD RELATIONSHIP GENERALLY Article 1 General Provisions.
  • 19-7-1. In whom parental power lies; how such power lost; recovery for homicide of child or unborn child.
  • 19-7-2. Parents' obligations to child.
  • 19-7-3. Actions by grandparents or other family members for visitation rights or intervention; revocation or amendment of visitation rights; appointment of guardian ad litem; mediation; hearing; notification to family members of child's participation in events.
  • 19-7-3.1. Equitable caregivers; form; required findings; establishment of parental rights; not a disestablishment of parentage.
  • 19-7-4. Criteria for loss of parental custody.
  • 19-7-5. Reporting of child abuse; when mandated or authorized; content of report; to whom made; immunity from liability; report based upon privileged communication; penalty for failure to report.
  • 19-7-6. Reporting of juvenile drug use.
Article 2 Legitimacy.
  • 19-7-20. Circumstances of legitimacy; disproving legitimacy; legitimation by marriage of parents and recognition of child.
  • 19-7-21. When children conceived by artificial insemination legitimate.
  • 19-7-21.1. "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment [Repealed].
  • 19-7-22. Petition for legitimation of child; requirement that mother be named as a party; court order; effect; claims for custody or visitation; third-party action for legitimation in response to petition to establish paternity.
  • 19-7-23. "Child born out of wedlock" defined.
  • 19-7-24. Parents' obligations to child born out of wedlock.
  • 19-7-25. In whom parental power over child born out of wedlock lies.
  • 19-7-26. Mother of child born out of wedlock not to be discriminated against in action to recover for injury or death of the child.
  • 19-7-27. Hospital program for establishment of paternity.
Article 3 Determination of Paternity.
  • 19-7-40. Jurisdiction; administrative determination of paternity.
  • 19-7-41. Service outside state.
  • 19-7-42. Venue.
  • 19-7-43. Petition; by whom brought; effect of agreement on right to bring petition; stay pending birth of child; court order for blood tests; genetic tests.
  • 19-7-44. Appointment of guardian ad litem; payment of guardian; notice to natural mother.
  • 19-7-45. Genetic tests.
  • 19-7-46. Evidence at trial.
  • 19-7-46.1. Effect of father's name or social security number on records as evidence of paternity; signed voluntary acknowledgment of paternity; certified copy of voluntary acknowledgment of paternity.
  • 19-7-46.2. Temporary order of support.
  • 19-7-47. Civil action; testimony of mother and alleged father; default judgments.
  • 19-7-48. Settlement, dismissal, or termination of civil action.
  • 19-7-49. Final order; effect; evidence of costs.
  • 19-7-50. Expenses of litigation.
  • 19-7-51. Order of support and other provisions.
  • 19-7-52. To whom support payments made; enforcement and modification of orders.
  • 19-7-53. Confidentiality of hearings.
  • 19-7-54. Motion to set aside determination of paternity.
Cross references.

- Proceeding against parents for failure to cooperate in educational programs; penalty, § 20-2- 766.1.

Law reviews.

- For article surveying Georgia cases dealing with domestic relations from June 1977 through May 1978, see 30 Mercer L. Rev. 59 (1978). For article surveying legislative and judicial developments in Georgia's divorce, alimony, and child custody laws for 1978-79, see 31 Mercer L. Rev. 75 (1979). For annual survey article on domestic relations, see 50 Mercer L. Rev. 217 (1998). For note, "Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia's Children," see 31 Ga. St. U.L. Rev. 643 (2015).

RESEARCH REFERENCES

Relinquishment of Parental Claim to Child - Adoption Proceedings, 10 POF2d 635.

Husband's Sterility as Rebutting Presumption of Legitimacy, 14 POF2d 409.

Legitimation of Child by Father Seeking Custody of Child, 14 POF2d 727.

Defense of Paternity Charges, 19 POF2d 1.

Blood Typing, 40 POF2d 1.

Grounds for Termination of Parental Rights, 32 POF3d 83.

Proof of Criminal Identity of Paternity Through Polymerase Chain Reaction (PCR) Testing, 36 POF3d 1.

Custody and Visitation of Children by Gay and Lesbian Parents, 64 POF3d 403.

ALR.

- Standing of foster parent to seek termination of rights of foster child's natural parents, 21 A.L.R.4th 535.

Validity of parental responsibility statutes and ordinances holding parents liable for criminal acts of their children, 74 A.L.R.6th 181.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Inspection of students' records by parents, § 20-2-720.

Liability of parent for acts committed by minor child, §§ 51-2-2,51-2-3.


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