O.C.G.A. § 19-8-12 — GA Code / Title 19 / Chapter 8 / Section 19-8-12
Georgia Code Title 19. Domestic Relations § 19-8-12
Status: in_force

(a) The General Assembly finds that: (1) The state has a compelling interest in promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements; (2) Adoptive children have a right to permanence and stability in adoptive placements; (3) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of children placed with them for adoption; (4) A biological father who is not a legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child and acquires constitutional protection only if a biological father who is not a legal father develops a familial bond with the child; (5) The subjective intent of a biological father who is not a legal father, whether expressed or otherwise, unsupported by evidence of acts manifesting such intent, shall not preclude a determination that a biological father who is not a legal father has failed to develop a familial bond with the child; and (6) A man who has engaged in a nonmarital sexual relationship with a woman is deemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is therefore entitled to notice of an adoption proceeding only as provided in this Code section.

(a) The General Assembly finds that:

(1) The state has a compelling interest in promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements;

(1) The state has a compelling interest in promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements;

(2) Adoptive children have a right to permanence and stability in adoptive placements;

(2) Adoptive children have a right to permanence and stability in adoptive placements;

(3) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of children placed with them for adoption;

(3) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of children placed with them for adoption;

(4) A biological father who is not a legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child and acquires constitutional protection only if a biological father who is not a legal father develops a familial bond with the child;

(4) A biological father who is not a legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child and acquires constitutional protection only if a biological father who is not a legal father develops a familial bond with the child;

(5) The subjective intent of a biological father who is not a legal father, whether expressed or otherwise, unsupported by evidence of acts manifesting such intent, shall not preclude a determination that a biological father who is not a legal father has failed to develop a familial bond with the child; and

(5) The subjective intent of a biological father who is not a legal father, whether expressed or otherwise, unsupported by evidence of acts manifesting such intent, shall not preclude a determination that a biological father who is not a legal father has failed to develop a familial bond with the child; and

(6) A man who has engaged in a nonmarital sexual relationship with a woman is deemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is therefore entitled to notice of an adoption proceeding only as provided in this Code section.

(6) A man who has engaged in a nonmarital sexual relationship with a woman is deemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is therefore entitled to notice of an adoption proceeding only as provided in this Code section.

(b) If there is a biological father who is not a legal father of a child and he has not executed a surrender of rights as specified in paragraph (2) of subsection (e) of Code Section 19-8-4 , 19-8-5 , 19-8-6 , or 19-8-7 or paragraph (3) of subsection (e) of Code Section 19-8-4 , 19-8-5 , or 19-8-7 , he shall be notified of adoption proceedings regarding the child in the following circumstances: (1) If his identity is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity; (2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9 ; or (3) If he is a registrant on the putative father registry who has indicated possible paternity of the child during a period beginning two years immediately prior to the child's date of birth in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9 .

(b) If there is a biological father who is not a legal father of a child and he has not executed a surrender of rights as specified in paragraph (2) of subsection (e) of Code Section 19-8-4 , 19-8-5 , 19-8-6 , or 19-8-7 or paragraph (3) of subsection (e) of Code Section 19-8-4 , 19-8-5 , or 19-8-7 , he shall be notified of adoption proceedings regarding the child in the following circumstances:

(1) If his identity is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity;

(1) If his identity is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity;

(2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9 ; or

(2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9 ; or

(3) If he is a registrant on the putative father registry who has indicated possible paternity of the child during a period beginning two years immediately prior to the child's date of birth in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9 .

(3) If he is a registrant on the putative father registry who has indicated possible paternity of the child during a period beginning two years immediately prior to the child's date of birth in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9 .

(c)(1) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods: (A) Certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return or delivery receipt; (B) Personal service, which notice shall be deemed received when personal service is perfected; or (C) Publication once a week for three weeks in the official organ of the county where the adoption petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication. (2) If feasible, the methods specified in subparagraph (A) or (B) of paragraph (1) of this subsection shall be used before publication; provided, however, that in the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery. (3) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail or registered mail, or by statutory overnight delivery.

(c)(1) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods: (A) Certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return or delivery receipt; (B) Personal service, which notice shall be deemed received when personal service is perfected; or (C) Publication once a week for three weeks in the official organ of the county where the adoption petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.

(c)(1) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods:

(A) Certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return or delivery receipt;

(A) Certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return or delivery receipt;

(B) Personal service, which notice shall be deemed received when personal service is perfected; or

(B) Personal service, which notice shall be deemed received when personal service is perfected; or

(C) Publication once a week for three weeks in the official organ of the county where the adoption petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.

(C) Publication once a week for three weeks in the official organ of the county where the adoption petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.

(2) If feasible, the methods specified in subparagraph (A) or (B) of paragraph (1) of this subsection shall be used before publication; provided, however, that in the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery.

(2) If feasible, the methods specified in subparagraph (A) or (B) of paragraph (1) of this subsection shall be used before publication; provided, however, that in the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery.

(3) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail or registered mail, or by statutory overnight delivery.

(3) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail or registered mail, or by statutory overnight delivery.

(d)(1) When the rights of a parent or guardian of a child have been surrendered or terminated in accordance with Code Section 19-8-4 or the child does not have a living parent or guardian, the department, child-placing agency, or out-of-state licensed agency may file, under the authority of this paragraph, a petition to terminate a biological father's rights to the child with the superior court of the county of the child's domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child. (2) When the rights of a parent or guardian of a child have been surrendered in accordance with Code Section 19-8-5 , 19-8-6 , or 19-8-7 , the child does not have a living parent or guardian, a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6 , or the petitioner is seeking to involuntarily terminate parental rights pursuant to Code Section 19-8-10 , the petitioner shall file, under the authority of this paragraph, with the superior court of the county of the child's domicile or of the county where the child was born a motion, if a petition for adoption of the child has previously been filed with the court, or a petition to terminate a biological father's rights to the child. (3) When a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from the date of receipt of the notice required by subsection (b) of this Code section or, when no notice is required to be given, from the date of such filing, conduct a hearing in chambers to determine the facts in the matter. (4) Unless the identity of a biological father is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity such that he is entitled to notice of the proceedings as provided in this Code section, when the petitioner provides a certificate from the putative father registry stating that there is no registrant identified on the putative father registry acknowledging paternity of the child or indicating possible paternity of the child for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that an unnamed biological father who is not a legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such unnamed biological father to the child.

(d)(1) When the rights of a parent or guardian of a child have been surrendered or terminated in accordance with Code Section 19-8-4 or the child does not have a living parent or guardian, the department, child-placing agency, or out-of-state licensed agency may file, under the authority of this paragraph, a petition to terminate a biological father's rights to the child with the superior court of the county of the child's domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child.

(d)(1) When the rights of a parent or guardian of a child have been surrendered or terminated in accordance with Code Section 19-8-4 or the child does not have a living parent or guardian, the department, child-placing agency, or out-of-state licensed agency may file, under the authority of this paragraph, a petition to terminate a biological father's rights to the child with the superior court of the county of the child's domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child.

(2) When the rights of a parent or guardian of a child have been surrendered in accordance with Code Section 19-8-5 , 19-8-6 , or 19-8-7 , the child does not have a living parent or guardian, a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6 , or the petitioner is seeking to involuntarily terminate parental rights pursuant to Code Section 19-8-10 , the petitioner shall file, under the authority of this paragraph, with the superior court of the county of the child's domicile or of the county where the child was born a motion, if a petition for adoption of the child has previously been filed with the court, or a petition to terminate a biological father's rights to the child.

(2) When the rights of a parent or guardian of a child have been surrendered in accordance with Code Section 19-8-5 , 19-8-6 , or 19-8-7 , the child does not have a living parent or guardian, a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6 , or the petitioner is seeking to involuntarily terminate parental rights pursuant to Code Section 19-8-10 , the petitioner shall file, under the authority of this paragraph, with the superior court of the county of the child's domicile or of the county where the child was born a motion, if a petition for adoption of the child has previously been filed with the court, or a petition to terminate a biological father's rights to the child.

(3) When a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from the date of receipt of the notice required by subsection (b) of this Code section or, when no notice is required to be given, from the date of such filing, conduct a hearing in chambers to determine the facts in the matter.

(3) When a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from the date of receipt of the notice required by subsection (b) of this Code section or, when no notice is required to be given, from the date of such filing, conduct a hearing in chambers to determine the facts in the matter.

(4) Unless the identity of a biological father is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity such that he is entitled to notice of the proceedings as provided in this Code section, when the petitioner provides a certificate from the putative father registry stating that there is no registrant identified on the putative father registry acknowledging paternity of the child or indicating possible paternity of the child for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that an unnamed biological father who is not a legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such unnamed biological father to the child.

(4) Unless the identity of a biological father is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity such that he is entitled to notice of the proceedings as provided in this Code section, when the petitioner provides a certificate from the putative father registry stating that there is no registrant identified on the putative father registry acknowledging paternity of the child or indicating possible paternity of the child for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that an unnamed biological father who is not a legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such unnamed biological father to the child.

(e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not a legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22 as a separate civil action; (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending; and (3) Notice of the filing of the petition to legitimate to the person or agency who provided such notice to such biological father.

(e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not a legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files:

(1) A petition to legitimate the child pursuant to Code Section 19-7-22 as a separate civil action;

(1) A petition to legitimate the child pursuant to Code Section 19-7-22 as a separate civil action;

(2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending; and

(2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending; and

(3) Notice of the filing of the petition to legitimate to the person or agency who provided such notice to such biological father.

(3) Notice of the filing of the petition to legitimate to the person or agency who provided such notice to such biological father.

(f) A biological father who is not a legal father shall lose all rights to the child and the court shall enter an order terminating all of his rights to the child and he shall not thereafter be allowed to object to the adoption and shall not be entitled to receive further notice of the adoption if, within 30 days from his receipt of the notice provided for in subsection (b) of this Code section, he: (1) Does not file a legitimation petition and give notice as required in subsection (e) of this Code section; (2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or (3) Files a legitimation petition and the action is subsequently concluded without a court order granting such petition and declaring that he is a legal father of the child.

(f) A biological father who is not a legal father shall lose all rights to the child and the court shall enter an order terminating all of his rights to the child and he shall not thereafter be allowed to object to the adoption and shall not be entitled to receive further notice of the adoption if, within 30 days from his receipt of the notice provided for in subsection (b) of this Code section, he:

(1) Does not file a legitimation petition and give notice as required in subsection (e) of this Code section;

(1) Does not file a legitimation petition and give notice as required in subsection (e) of this Code section;

(2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or

(2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or

(3) Files a legitimation petition and the action is subsequently concluded without a court order granting such petition and declaring that he is a legal father of the child.

(3) Files a legitimation petition and the action is subsequently concluded without a court order granting such petition and declaring that he is a legal father of the child.

(g) If an alleged biological father who is not a legal father files a legitimation petition after the mother of such child has surrendered her parental rights, the court shall be authorized to consider the affidavit of the mother specified in subsection (g) of Code Section 19-8-4 , 19-8-5 , 19-8-6 , or 19-8-7 , as applicable. If the court finds from the evidence that such biological father has not lived with the child, contributed to the child's support, or provided support or medical care during the mother's pregnancy or hospitalization for the birth of such child, there shall be a rebuttable presumption that the biological father abandoned his opportunity interest to legitimate such child and may deny his petition for legitimation. Such biological father shall not thereafter be allowed to object to the adoption nor be entitled to receive further notice of the adoption proceedings.

(g) If an alleged biological father who is not a legal father files a legitimation petition after the mother of such child has surrendered her parental rights, the court shall be authorized to consider the affidavit of the mother specified in subsection (g) of Code Section 19-8-4 , 19-8-5 , 19-8-6 , or 19-8-7 , as applicable. If the court finds from the evidence that such biological father has not lived with the child, contributed to the child's support, or provided support or medical care during the mother's pregnancy or hospitalization for the birth of such child, there shall be a rebuttable presumption that the biological father abandoned his opportunity interest to legitimate such child and may deny his petition for legitimation. Such biological father shall not thereafter be allowed to object to the adoption nor be entitled to receive further notice of the adoption proceedings.

(h) If the child is legitimated by his or her biological father, the adoption shall not be permitted except as provided in Code Sections 19-8-4 through 19-8-7 .

(h) If the child is legitimated by his or her biological father, the adoption shall not be permitted except as provided in Code Sections 19-8-4 through 19-8-7 .

(i) If the child is legitimated by his or her biological father and in the adoption proceeding the petition for adoption is revoked with prejudice or denied by the court, then a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION executed by a legal mother pursuant to Code Section 19-8-4 , 19-8-5 , or 19-8-7 shall be dissolved by operation of law and her parental rights shall be restored to her. The fact that a legal mother executed a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION, now dissolved, shall not be admissible as evidence against a legal mother in any proceeding against her.

(i) If the child is legitimated by his or her biological father and in the adoption proceeding the petition for adoption is revoked with prejudice or denied by the court, then a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION executed by a legal mother pursuant to Code Section 19-8-4 , 19-8-5 , or 19-8-7 shall be dissolved by operation of law and her parental rights shall be restored to her. The fact that a legal mother executed a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION, now dissolved, shall not be admissible as evidence against a legal mother in any proceeding against her.
O.C.G.A. § 19-11-66 — GA Code / Title 19 / Chapter 11 / Section 19-11-66
Georgia Code Title 19. Domestic Relations § 19-11-66
Status: in_force

If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous and if both of the parties are present at the hearing or if the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate, by a jury trial if demanded by either party, the paternity issue. Otherwise the court may continue the hearing until the paternity issue has been adjudicated.
O.C.G.A. § 19-4-5 — GA Code / Title 19 / Chapter 4 / Section 19-4-5
Georgia Code Title 19. Domestic Relations § 19-4-5
Status: in_force

A decree of annulment, when rendered, shall have the effect of a total divorce between the parties of a void marriage and shall return the parties thereto to their original status before marriage. However, a decree of annulment shall not operate to relieve the parties to a marriage of criminal charges or responsibilities occasioned by the marriage.
O.C.G.A. § 19-11-140 — GA Code / Title 19 / Chapter 11 / Section 19-11-140
Georgia Code Title 19. Domestic Relations § 19-11-140
Status: in_force

(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (1) The individual seeking the order resides outside this state; or (2) The support enforcement agency seeking the order is located outside this state.

(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) The individual seeking the order resides outside this state; or

(1) The individual seeking the order resides outside this state; or

(2) The support enforcement agency seeking the order is located outside this state.

(2) The support enforcement agency seeking the order is located outside this state.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (1) A presumed father of the child; (2) Petitioning to have his paternity adjudicated; (3) Identified as the father of the child through genetic testing; (4) An alleged father who has declined to submit to genetic testing; (5) Shown by clear and convincing evidence to be the father of the child; (6) An acknowledged father as provided by applicable state law or the law of a foreign country; (7) The mother of the child; or (8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) A presumed father of the child;

(1) A presumed father of the child;

(2) Petitioning to have his paternity adjudicated;

(2) Petitioning to have his paternity adjudicated;

(3) Identified as the father of the child through genetic testing;

(3) Identified as the father of the child through genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child;

(5) Shown by clear and convincing evidence to be the father of the child;

(6) An acknowledged father as provided by applicable state law or the law of a foreign country;

(6) An acknowledged father as provided by applicable state law or the law of a foreign country;

(7) The mother of the child; or

(7) The mother of the child; or

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124 .

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124 .
O.C.G.A. § 19-9-97 — GA Code / Title 19 / Chapter 9 / Section 19-9-97
Georgia Code Title 19. Domestic Relations § 19-9-97
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the district attorney and law enforcement officers under Code Section 19-9-95 or 19-9-96 .
O.C.G.A. § 19-6-32 — GA Code / Title 19 / Chapter 6 / Section 19-6-32
Georgia Code Title 19. Domestic Relations § 19-6-32
Status: in_force

(a) As used in this Code section, the term: (1) “ Child support enforcement agency ” means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support. (2) “ Court ” means judge of any court of record or an administrative law judge of the Office of State Administrative Hearings. (3) “ Earnings ” means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. (4) “ IV-D ” means Title IV-D of the federal Social Security Act. (5) “ National Medical Support Notice ” means a notice as prescribed under 42 U.S.C. Section 666(a)(19) or a substantially similar notice. (6) “ Obligee ” means the individual to whom the payment of a support obligation is owed. (7) “ Obligor ” means the individual owing a duty of support. (8) “ Payor ” means the person that provides earnings to an obligor.

(a) As used in this Code section, the term:

(1) “ Child support enforcement agency ” means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support.

(1) “ Child support enforcement agency ” means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support.

(2) “ Court ” means judge of any court of record or an administrative law judge of the Office of State Administrative Hearings.

(2) “ Court ” means judge of any court of record or an administrative law judge of the Office of State Administrative Hearings.

(3) “ Earnings ” means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest.

(3) “ Earnings ” means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest.

(4) “ IV-D ” means Title IV-D of the federal Social Security Act.

(4) “ IV-D ” means Title IV-D of the federal Social Security Act.

(5) “ National Medical Support Notice ” means a notice as prescribed under 42 U.S.C. Section 666(a)(19) or a substantially similar notice.

(5) “ National Medical Support Notice ” means a notice as prescribed under 42 U.S.C. Section 666(a)(19) or a substantially similar notice.

(6) “ Obligee ” means the individual to whom the payment of a support obligation is owed.

(6) “ Obligee ” means the individual to whom the payment of a support obligation is owed.

(7) “ Obligor ” means the individual owing a duty of support.

(7) “ Obligor ” means the individual owing a duty of support.

(8) “ Payor ” means the person that provides earnings to an obligor.

(8) “ Payor ” means the person that provides earnings to an obligor.

(b)(1) Except as provided for in paragraph (1) of subsection (c) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court, a separate income deduction order, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under IV-D, the obligee shall furnish copies of the support order and the income deduction order to the child support enforcement agency. (2) For all child support orders, and spousal support orders enforced pursuant to subsection (d) of Code Section 19-11-6 , the child support enforcement agency shall be authorized to issue an income deduction order without need for any amendment to the order involved or any further action by a court that issued it, provided that an opportunity for a hearing before a court is afforded. The child support enforcement agency shall also be authorized to issue a National Medical Support Notice to enforce the medical support provisions of such orders, provided that an opportunity for a hearing pursuant to Code Section 19-11-27 is afforded. Such orders or notices may be issued electronically by the child support enforcement agency. The child support enforcement agency shall issue an income deduction order or, when appropriate, a National Medical Support Notice within two business days after the information regarding a newly hired employee is entered into the centralized employee registry pursuant to Code Section 19-11-9.2 and matched with an obligor in a case being enforced by the child support enforcement agency.

(b)(1) Except as provided for in paragraph (1) of subsection (c) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court, a separate income deduction order, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under IV-D, the obligee shall furnish copies of the support order and the income deduction order to the child support enforcement agency.

(b)(1) Except as provided for in paragraph (1) of subsection (c) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court, a separate income deduction order, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under IV-D, the obligee shall furnish copies of the support order and the income deduction order to the child support enforcement agency.

(2) For all child support orders, and spousal support orders enforced pursuant to subsection (d) of Code Section 19-11-6 , the child support enforcement agency shall be authorized to issue an income deduction order without need for any amendment to the order involved or any further action by a court that issued it, provided that an opportunity for a hearing before a court is afforded. The child support enforcement agency shall also be authorized to issue a National Medical Support Notice to enforce the medical support provisions of such orders, provided that an opportunity for a hearing pursuant to Code Section 19-11-27 is afforded. Such orders or notices may be issued electronically by the child support enforcement agency. The child support enforcement agency shall issue an income deduction order or, when appropriate, a National Medical Support Notice within two business days after the information regarding a newly hired employee is entered into the centralized employee registry pursuant to Code Section 19-11-9.2 and matched with an obligor in a case being enforced by the child support enforcement agency.

(2) For all child support orders, and spousal support orders enforced pursuant to subsection (d) of Code Section 19-11-6 , the child support enforcement agency shall be authorized to issue an income deduction order without need for any amendment to the order involved or any further action by a court that issued it, provided that an opportunity for a hearing before a court is afforded. The child support enforcement agency shall also be authorized to issue a National Medical Support Notice to enforce the medical support provisions of such orders, provided that an opportunity for a hearing pursuant to Code Section 19-11-27 is afforded. Such orders or notices may be issued electronically by the child support enforcement agency. The child support enforcement agency shall issue an income deduction order or, when appropriate, a National Medical Support Notice within two business days after the information regarding a newly hired employee is entered into the centralized employee registry pursuant to Code Section 19-11-9.2 and matched with an obligor in a case being enforced by the child support enforcement agency.

(c)(1)(A) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the child support enforcement agency shall provide for the immediate withholding of such support from the earnings of the individual required by that order to furnish support unless: (i) A court issuing the order finds there is good cause not to require such immediate withholding; or (ii) A written agreement is reached between both parties which provides for an alternative arrangement. (B) For purposes of this subsection, any finding that there is good cause not to require withholding from earnings shall be based on at least a written determination that implementing such withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders. (2) All child support orders which are not described in subsection (b) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise such order under Code Section 19-6-19 or to enforce such order under Code Section 19-6-28 , be revised to include provisions for withholding such support from the earnings of the individual required by the order to furnish such support if arrearages equal to one month's support accrue but without the necessity of filing application for services under Code Section 19-11-6 . (3) Copies of income deduction orders issued under this subsection shall be provided by the obligee to the obligor, payor, and the family support registry established pursuant to Code Section 19-6-33.1 .

(c)(1)(A) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the child support enforcement agency shall provide for the immediate withholding of such support from the earnings of the individual required by that order to furnish support unless: (i) A court issuing the order finds there is good cause not to require such immediate withholding; or (ii) A written agreement is reached between both parties which provides for an alternative arrangement. (B) For purposes of this subsection, any finding that there is good cause not to require withholding from earnings shall be based on at least a written determination that implementing such withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders.

(c)(1)(A) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the child support enforcement agency shall provide for the immediate withholding of such support from the earnings of the individual required by that order to furnish support unless: (i) A court issuing the order finds there is good cause not to require such immediate withholding; or (ii) A written agreement is reached between both parties which provides for an alternative arrangement.

(c)(1)(A) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the child support enforcement agency shall provide for the immediate withholding of such support from the earnings of the individual required by that order to furnish support unless:

(i) A court issuing the order finds there is good cause not to require such immediate withholding; or

(i) A court issuing the order finds there is good cause not to require such immediate withholding; or

(ii) A written agreement is reached between both parties which provides for an alternative arrangement.

(ii) A written agreement is reached between both parties which provides for an alternative arrangement.

(B) For purposes of this subsection, any finding that there is good cause not to require withholding from earnings shall be based on at least a written determination that implementing such withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders.

(B) For purposes of this subsection, any finding that there is good cause not to require withholding from earnings shall be based on at least a written determination that implementing such withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders.

(2) All child support orders which are not described in subsection (b) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise such order under Code Section 19-6-19 or to enforce such order under Code Section 19-6-28 , be revised to include provisions for withholding such support from the earnings of the individual required by the order to furnish such support if arrearages equal to one month's support accrue but without the necessity of filing application for services under Code Section 19-11-6 .

(2) All child support orders which are not described in subsection (b) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise such order under Code Section 19-6-19 or to enforce such order under Code Section 19-6-28 , be revised to include provisions for withholding such support from the earnings of the individual required by the order to furnish such support if arrearages equal to one month's support accrue but without the necessity of filing application for services under Code Section 19-11-6 .

(3) Copies of income deduction orders issued under this subsection shall be provided by the obligee to the obligor, payor, and the family support registry established pursuant to Code Section 19-6-33.1 .

(3) Copies of income deduction orders issued under this subsection shall be provided by the obligee to the obligor, payor, and the family support registry established pursuant to Code Section 19-6-33.1 .

(d) An income deduction order shall: (1) Direct a payor to deduct from all earnings due and payable to an obligor the amount required by the support order to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold an additional amount until the arrearage is paid in full; (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ; and (4) Direct the payor to send income deduction order payments, including administrative fees authorized by law, to the family support registry established pursuant to Code Section 19-6-33.1 .

(d) An income deduction order shall:

(1) Direct a payor to deduct from all earnings due and payable to an obligor the amount required by the support order to meet the obligor's support obligation;

(1) Direct a payor to deduct from all earnings due and payable to an obligor the amount required by the support order to meet the obligor's support obligation;

(2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold an additional amount until the arrearage is paid in full;

(2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold an additional amount until the arrearage is paid in full;

(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ; and

(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ; and

(4) Direct the payor to send income deduction order payments, including administrative fees authorized by law, to the family support registry established pursuant to Code Section 19-6-33.1 .

(4) Direct the payor to send income deduction order payments, including administrative fees authorized by law, to the family support registry established pursuant to Code Section 19-6-33.1 .

(e) Income deduction orders shall be effective immediately unless a court upon good cause shown finds that the income deduction order shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement.

(e) Income deduction orders shall be effective immediately unless a court upon good cause shown finds that the income deduction order shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement.

(f) An income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of a court.

(f) An income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of a court.

(g) When an income deduction order shall be effective immediately, the obligee or child support enforcement agency, as applicable, shall furnish to the obligor a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state: (1) All fees or interest which shall be imposed; (2) The total amount of earnings to be deducted for each pay period until the arrearage, if any, is paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ; (3) When the withholding will commence; (4) That the income deduction order shall apply to current and subsequent payors and periods of employment; (5) That a copy of the income deduction order shall be provided to the payors; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; (7) How to contest the withholding; and (8) That the obligor is required to notify the obligee and, when the obligee is receiving IV-D services, the child support enforcement agency, within seven days of changes in the obligor's address and payors and the addresses of his or her payors.

(g) When an income deduction order shall be effective immediately, the obligee or child support enforcement agency, as applicable, shall furnish to the obligor a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:

(1) All fees or interest which shall be imposed;

(1) All fees or interest which shall be imposed;

(2) The total amount of earnings to be deducted for each pay period until the arrearage, if any, is paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ;

(2) The total amount of earnings to be deducted for each pay period until the arrearage, if any, is paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ;

(3) When the withholding will commence;

(3) When the withholding will commence;

(4) That the income deduction order shall apply to current and subsequent payors and periods of employment;

(4) That the income deduction order shall apply to current and subsequent payors and periods of employment;

(5) That a copy of the income deduction order shall be provided to the payors;

(5) That a copy of the income deduction order shall be provided to the payors;

(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor;

(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor;

(7) How to contest the withholding; and

(7) How to contest the withholding; and

(8) That the obligor is required to notify the obligee and, when the obligee is receiving IV-D services, the child support enforcement agency, within seven days of changes in the obligor's address and payors and the addresses of his or her payors.

(8) That the obligor is required to notify the obligee and, when the obligee is receiving IV-D services, the child support enforcement agency, within seven days of changes in the obligor's address and payors and the addresses of his or her payors.

(h) When an income deduction order is effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee or child support enforcement agency, as applicable, may enforce the income deduction order by providing a notice of delinquency to the obligor. A notice of delinquency shall state: (1) The terms of the support order; (2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed; (3) All fees or interest which may be imposed; (4) The total amount of earnings to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ; (5) That a copy of the notice of delinquency shall be provided to the payors, together with a copy of the income deduction order. The obligor may apply to a court to contest enforcement of the order once the notice of delinquency has been received. The application shall not affect the enforcement of the income deduction order until a court enters an order granting relief to the obligor; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days of the change occurring. If the child support enforcement agency is enforcing such order, the obligor shall make these notifications to the child support enforcement agency instead of to the obligee.

(h) When an income deduction order is effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee or child support enforcement agency, as applicable, may enforce the income deduction order by providing a notice of delinquency to the obligor. A notice of delinquency shall state:

(1) The terms of the support order;

(1) The terms of the support order;

(2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed;

(2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed;

(3) All fees or interest which may be imposed;

(3) All fees or interest which may be imposed;

(4) The total amount of earnings to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ;

(4) The total amount of earnings to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) ;

(5) That a copy of the notice of delinquency shall be provided to the payors, together with a copy of the income deduction order. The obligor may apply to a court to contest enforcement of the order once the notice of delinquency has been received. The application shall not affect the enforcement of the income deduction order until a court enters an order granting relief to the obligor;

(5) That a copy of the notice of delinquency shall be provided to the payors, together with a copy of the income deduction order. The obligor may apply to a court to contest enforcement of the order once the notice of delinquency has been received. The application shall not affect the enforcement of the income deduction order until a court enters an order granting relief to the obligor;

(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and

(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and

(7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days of the change occurring. If the child support enforcement agency is enforcing such order, the obligor shall make these notifications to the child support enforcement agency instead of to the obligee.

(7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days of the change occurring. If the child support enforcement agency is enforcing such order, the obligor shall make these notifications to the child support enforcement agency instead of to the obligee.

(i) The failure of the obligor to receive the notice of delinquency provided for in subsection (h) of this Code section shall not preclude the income deduction order being subsequently provided to the payor. A notice of delinquency which fails to state an arrearage shall not mean that an arrearage is not owed.

(i) The failure of the obligor to receive the notice of delinquency provided for in subsection (h) of this Code section shall not preclude the income deduction order being subsequently provided to the payor. A notice of delinquency which fails to state an arrearage shall not mean that an arrearage is not owed.

(j) At any time, any party, including the child support enforcement agency, may apply to a court to: (1) Modify, suspend, or terminate the income deduction order because of a modification, suspension, or termination of the underlying order for support; or (2) Modify the amount of earnings being withheld when the arrearage has been paid.

(j) At any time, any party, including the child support enforcement agency, may apply to a court to:

(1) Modify, suspend, or terminate the income deduction order because of a modification, suspension, or termination of the underlying order for support; or

(1) Modify, suspend, or terminate the income deduction order because of a modification, suspension, or termination of the underlying order for support; or

(2) Modify the amount of earnings being withheld when the arrearage has been paid.

(2) Modify the amount of earnings being withheld when the arrearage has been paid.
O.C.G.A. § 19-11-45 — GA Code / Title 19 / Chapter 11 / Section 19-11-45
Georgia Code Title 19. Domestic Relations § 19-11-45
Status: in_force

The remedies provided in this article are in addition to and not in substitution of any other remedies.
O.C.G.A. § 19-11-3 — GA Code / Title 19 / Chapter 11 / Section 19-11-3
Georgia Code Title 19. Domestic Relations § 19-11-3
Status: in_force

As used in this article, the term:

(1) “ Account ” means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account.

(1) “ Account ” means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account.

(2) “ Child support enforcement agency ” means the entity within the department and its contractors that are authorized to enforce a duty of support.

(2) “ Child support enforcement agency ” means the entity within the department and its contractors that are authorized to enforce a duty of support.

(3) “ Court order for child support ” means any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6 , or upon registration of a foreign order pursuant to Article 3 of this chapter.

(3) “ Court order for child support ” means any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6 , or upon registration of a foreign order pursuant to Article 3 of this chapter.

(4) “ Department ” means the Department of Human Services.

(4) “ Department ” means the Department of Human Services.

(5) “ Dependent child ” means any individual under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.

(5) “ Dependent child ” means any individual under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.

(6) “ Duty of support ” means any duty of support imposed or imposable by law or by court order, decree, or judgment.

(6) “ Duty of support ” means any duty of support imposed or imposable by law or by court order, decree, or judgment.

(7) “ Financial institution ” means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund.

(7) “ Financial institution ” means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund.

(8) “ IV-D ” means Title IV-D of the federal Social Security Act.

(8) “ IV-D ” means Title IV-D of the federal Social Security Act.

(9) “ Medical insurance obligee ” means any person to whom a duty of medical support is owed.

(9) “ Medical insurance obligee ” means any person to whom a duty of medical support is owed.

(10) “ Medical insurance obligor ” means any person owing a duty of medical support.

(10) “ Medical insurance obligor ” means any person owing a duty of medical support.

(11) “ Money market mutual fund ” means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 C.F.R. Section 270.2A-7 .

(11) “ Money market mutual fund ” means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 C.F.R. Section 270.2A-7 .

(12) “ Obligee ” means the individual to whom the payment of a support obligation is owed.

(12) “ Obligee ” means the individual to whom the payment of a support obligation is owed.

(13) “ Obligor ” means the individual owing a duty of support.

(13) “ Obligor ” means the individual owing a duty of support.

(14) “ Parent ” means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing.

(14) “ Parent ” means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing.

(15) “ TANF ” means temporary assistance for needy families.

(15) “ TANF ” means temporary assistance for needy families.
O.C.G.A. § 19-11-110 — GA Code / Title 19 / Chapter 11 / Section 19-11-110
Georgia Code Title 19. Domestic Relations § 19-11-110
Status: in_force

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (1) The individual is personally served with process within Georgia; (2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in Georgia; (4) The individual resided in Georgia and provided prenatal expenses or support for the child; (5) The child resides in Georgia as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Services; or (8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction.

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) The individual is personally served with process within Georgia;

(1) The individual is personally served with process within Georgia;

(2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) The individual resided with the child in Georgia;

(3) The individual resided with the child in Georgia;

(4) The individual resided in Georgia and provided prenatal expenses or support for the child;

(4) The individual resided in Georgia and provided prenatal expenses or support for the child;

(5) The child resides in Georgia as a result of the acts or directives of the individual;

(5) The child resides in Georgia as a result of the acts or directives of the individual;

(6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse;

(6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse;

(7) The individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Services; or

(7) The individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Services; or

(8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction.

(8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subsection (a) of this Code section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Code Section 19-11-170 are met, or, in the case of a foreign support order, unless the requirements of Code Section 19-11-174 are met.

(b) The bases of personal jurisdiction set forth in subsection (a) of this Code section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Code Section 19-11-170 are met, or, in the case of a foreign support order, unless the requirements of Code Section 19-11-174 are met.
O.C.G.A. § 19-10a-6 — GA Code / Title 19 / Chapter 10A / Section 19-10a-6
Georgia Code Title 19. Domestic Relations § 19-10A-6
Status: in_force

A medical facility which accepts for inpatient admission or a fire station or police station which accepts a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility, fire station, or police station shall notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 15-11-145 .
O.C.G.A. § 19-3-40 — GA Code / Title 19 / Chapter 3 / Section 19-3-40
Georgia Code Title 19. Domestic Relations § 19-3-40
Status: in_force

(a) As used in this Code section, the term “ blood test for sickle cell disease ” means a blood test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin.

(a) As used in this Code section, the term “ blood test for sickle cell disease ” means a blood test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin.

(b) The Department of Public Health shall prepare information for public dissemination on the department's website describing the importance of obtaining a blood test for sickle cell disease and explaining the causes and effects of such disease. Such information shall recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease prior to obtaining a marriage license. Such information may also be provided as a brochure or other document. The department shall make such information available in electronic format to the probate courts of this state which shall disseminate such information to all persons applying for marriage licenses.

(b) The Department of Public Health shall prepare information for public dissemination on the department's website describing the importance of obtaining a blood test for sickle cell disease and explaining the causes and effects of such disease. Such information shall recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease prior to obtaining a marriage license. Such information may also be provided as a brochure or other document. The department shall make such information available in electronic format to the probate courts of this state which shall disseminate such information to all persons applying for marriage licenses.
O.C.G.A. § 19-8-27 — GA Code / Title 19 / Chapter 8 / Section 19-8-27
Georgia Code Title 19. Domestic Relations § 19-8-27
Status: in_force

(a) As used in this Code section, the term “ birth relative ” means: (1) A parent, biological father who is not a legal father, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or (2) A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted.

(a) As used in this Code section, the term “ birth relative ” means:

(1) A parent, biological father who is not a legal father, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or

(1) A parent, biological father who is not a legal father, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or

(2) A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted.

(2) A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted.

(b)(1) An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child. A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement. (2) A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives. (3) In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions. (4) Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition for adoption; provided, however, that the parties to a postadoption contact agreement may expressly waive the right to enforce, modify, or terminate such agreement under this Code section. (5) Any party to the postadoption contact agreement may, at any time, file the original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(b)(1) An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child. A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement.

(b)(1) An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child. A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement.

(2) A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives.

(2) A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives.

(3) In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions.

(3) In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions.

(4) Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition for adoption; provided, however, that the parties to a postadoption contact agreement may expressly waive the right to enforce, modify, or terminate such agreement under this Code section.

(4) Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition for adoption; provided, however, that the parties to a postadoption contact agreement may expressly waive the right to enforce, modify, or terminate such agreement under this Code section.

(5) Any party to the postadoption contact agreement may, at any time, file the original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(5) Any party to the postadoption contact agreement may, at any time, file the original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(c) A postadoption contact agreement shall contain the following warnings in at least 14 point boldface type: (1) After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a biological parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and (2) A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.

(c) A postadoption contact agreement shall contain the following warnings in at least 14 point boldface type:

(1) After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a biological parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and

(1) After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a biological parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and

(2) A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.

(2) A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.

(d)(1) As used in this subsection, the term “ parties ” means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third-party beneficiary to such agreement. (2) A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement. A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(d)(1) As used in this subsection, the term “ parties ” means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third-party beneficiary to such agreement.

(d)(1) As used in this subsection, the term “ parties ” means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third-party beneficiary to such agreement.

(2) A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement. A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(2) A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement. A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(e) With respect to postadoption contact agreements that provide for court enforcement or termination or are silent as to such matters, any party, as defined in paragraph (1) of subsection (d) of this Code section, may file a petition to enforce or terminate such agreement with the court that granted the petition for adoption, and the court shall enforce the terms of such agreement or terminate such agreement if such court finds by a preponderance of the evidence that the enforcement or termination is necessary to serve the best interests of the child.

(e) With respect to postadoption contact agreements that provide for court enforcement or termination or are silent as to such matters, any party, as defined in paragraph (1) of subsection (d) of this Code section, may file a petition to enforce or terminate such agreement with the court that granted the petition for adoption, and the court shall enforce the terms of such agreement or terminate such agreement if such court finds by a preponderance of the evidence that the enforcement or termination is necessary to serve the best interests of the child.

(f) With respect to postadoption contact agreements that provide for court modification or are silent as to modification, only the adopting parent or parents may file a petition seeking modification. Such petition shall be filed with the court that granted the petition for adoption, and the court shall modify such agreement if such court finds by a preponderance of the evidence that the modification is necessary to serve the best interests of the child and there has been a material change of circumstances since the current postadoption contact agreement was executed.

(f) With respect to postadoption contact agreements that provide for court modification or are silent as to modification, only the adopting parent or parents may file a petition seeking modification. Such petition shall be filed with the court that granted the petition for adoption, and the court shall modify such agreement if such court finds by a preponderance of the evidence that the modification is necessary to serve the best interests of the child and there has been a material change of circumstances since the current postadoption contact agreement was executed.

(g) A court may require the party seeking modification, termination, or enforcement of a postadoption contact agreement to participate in mediation or other appropriate alternative dispute resolution.

(g) A court may require the party seeking modification, termination, or enforcement of a postadoption contact agreement to participate in mediation or other appropriate alternative dispute resolution.

(h) All reasonable costs and expenses of mediation, alternative dispute resolution, and litigation shall be borne by the party, other than the child, filing the action to enforce, modify, or terminate a postadoption contact agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing postadoption contact agreement shall bear all the costs and expenses of mediation, alternative dispute resolution, and litigation of the other party.

(h) All reasonable costs and expenses of mediation, alternative dispute resolution, and litigation shall be borne by the party, other than the child, filing the action to enforce, modify, or terminate a postadoption contact agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing postadoption contact agreement shall bear all the costs and expenses of mediation, alternative dispute resolution, and litigation of the other party.

(i) A court shall not set aside a decree of adoption, rescind a surrender of rights, or modify an order to terminate parental rights or any other prior court order because of the failure of an adoptive parent, a birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, a postadoption contact agreement.

(i) A court shall not set aside a decree of adoption, rescind a surrender of rights, or modify an order to terminate parental rights or any other prior court order because of the failure of an adoptive parent, a birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, a postadoption contact agreement.
O.C.G.A. § 19-4-1 — GA Code / Title 19 / Chapter 4 / Section 19-4-1
Georgia Code Title 19. Domestic Relations § 19-4-1
Status: in_force

Annulments of marriages declared void by law may be granted by the superior court, except that annulments may not be granted in instances where children are born or are to be born as a result of the marriage.
O.C.G.A. § 19-13-15 — GA Code / Title 19 / Chapter 13 / Section 19-13-15
Georgia Code Title 19. Domestic Relations § 19-13-15
Status: in_force

The department and the State Board of Pardons and Paroles may operate family violence intervention programs which meet the requirements of the department. The courts and the State Board of Pardons and Paroles may accept such programs in lieu of certified family violence intervention programs as defined in paragraph (6) of Code Section 19-13-10 .
O.C.G.A. § 19-3-36 — GA Code / Title 19 / Chapter 3 / Section 19-3-36
Georgia Code Title 19. Domestic Relations § 19-3-36
Status: in_force

The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herself that the provisions set forth in Code Section 19-3-2 regarding age limitations are met. The judge shall require all applicants to furnish the court with documentary evidence of proof of age in the form of a birth certificate, driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately.
O.C.G.A. § 19-11-190-1 — GA Code / Title 19 / Chapter 11 / Section 19-11-190-1
Georgia Code Title 19. Domestic Relations § 19-11-190.1
Status: in_force

This article applies to proceedings begun on or after July 1, 2013, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
O.C.G.A. § 19-11-171 — GA Code / Title 19 / Chapter 11 / Section 19-11-171
Georgia Code Title 19. Domestic Relations § 19-11-171
Status: in_force

If a child support order issued by a tribunal in Georgia is modified by a tribunal of another state which assumed jurisdiction pursuant to this article, a tribunal of Georgia:

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
O.C.G.A. § 19-9-50 — GA Code / Title 19 / Chapter 9 / Section 19-9-50
Georgia Code Title 19. Domestic Relations § 19-9-50
Status: in_force

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
O.C.G.A. § 19-13-30 — GA Code / Title 19 / Chapter 13 / Section 19-13-30
Georgia Code Title 19. Domestic Relations § 19-13-30
Status: in_force

(a) The General Assembly finds and declares that violence in Georgia homes among family members accounts for many serious injuries, deaths, and extensive physical and emotional damage to children and adults. Family violence knows no economic or social barriers. The costs of family violence include misery and trauma for individuals and families and increased government spending for police services, criminal prosecutions, incarcerations, court personnel, foster care, public assistance, and juvenile corrections.

(a) The General Assembly finds and declares that violence in Georgia homes among family members accounts for many serious injuries, deaths, and extensive physical and emotional damage to children and adults. Family violence knows no economic or social barriers. The costs of family violence include misery and trauma for individuals and families and increased government spending for police services, criminal prosecutions, incarcerations, court personnel, foster care, public assistance, and juvenile corrections.

(b) The General Assembly has enacted comprehensive legislation addressing family violence, including provision for the issuance of temporary protective orders to protect individuals from violence. It has become evident that enforcement of these laws is inconsistent and an effective response to family violence will require a comprehensive community effort as well as coordination among the courts, prosecutors, law enforcement agencies, the correctional system, and public assistance and other service providers. The creation of a state commission and local task forces to combat family violence was highly recommended by the Georgia Commission on Gender Bias in the Judicial System.

(b) The General Assembly has enacted comprehensive legislation addressing family violence, including provision for the issuance of temporary protective orders to protect individuals from violence. It has become evident that enforcement of these laws is inconsistent and an effective response to family violence will require a comprehensive community effort as well as coordination among the courts, prosecutors, law enforcement agencies, the correctional system, and public assistance and other service providers. The creation of a state commission and local task forces to combat family violence was highly recommended by the Georgia Commission on Gender Bias in the Judicial System.
O.C.G.A. § 19-8-17 — GA Code / Title 19 / Chapter 8 / Section 19-8-17
Georgia Code Title 19. Domestic Relations § 19-8-17
Status: in_force

(a) The report and findings of the investigating agent appointed by the court pursuant to Code Section 19-8-16 shall include, among other things, the following: (1) Verification of allegations contained in the petition for adoption; (2) Circumstances under which the child came to be placed for adoption; (3) Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account; (4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority; (5) Whether or not the adoption is in the best interests of the child, including his or her general care; (6) Suitability of the home to the child; (7) If applicable, whether the identity and location of a biological father who is not a legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with; (8) Any other information that might be disclosed by the investigation that in the agent's opinion would be of value or interest to the court in deciding the case; and (9) Any other information that might be disclosed by the investigation in response to any specific issue that the court requested be investigated in its order appointing such agent.

(a) The report and findings of the investigating agent appointed by the court pursuant to Code Section 19-8-16 shall include, among other things, the following:

(1) Verification of allegations contained in the petition for adoption;

(1) Verification of allegations contained in the petition for adoption;

(2) Circumstances under which the child came to be placed for adoption;

(2) Circumstances under which the child came to be placed for adoption;

(3) Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account;

(3) Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account;

(4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;

(4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;

(5) Whether or not the adoption is in the best interests of the child, including his or her general care;

(5) Whether or not the adoption is in the best interests of the child, including his or her general care;

(6) Suitability of the home to the child;

(6) Suitability of the home to the child;

(7) If applicable, whether the identity and location of a biological father who is not a legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with;

(7) If applicable, whether the identity and location of a biological father who is not a legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with;

(8) Any other information that might be disclosed by the investigation that in the agent's opinion would be of value or interest to the court in deciding the case; and

(8) Any other information that might be disclosed by the investigation that in the agent's opinion would be of value or interest to the court in deciding the case; and

(9) Any other information that might be disclosed by the investigation in response to any specific issue that the court requested be investigated in its order appointing such agent.

(9) Any other information that might be disclosed by the investigation in response to any specific issue that the court requested be investigated in its order appointing such agent.

(b) If the report of the investigating agent disapproves of the adoption of the child, motion may be made by the investigating agent to the court to dismiss the petition for adoption and the court after hearing such motion shall be authorized to dismiss such petition. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Court of Appeals or Supreme Court, as in other cases, as provided by law.

(b) If the report of the investigating agent disapproves of the adoption of the child, motion may be made by the investigating agent to the court to dismiss the petition for adoption and the court after hearing such motion shall be authorized to dismiss such petition. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Court of Appeals or Supreme Court, as in other cases, as provided by law.

(c) If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.

(c) If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.
O.C.G.A. § 19-13-17 — GA Code / Title 19 / Chapter 13 / Section 19-13-17
Georgia Code Title 19. Domestic Relations § 19-13-17
Status: in_force

As an alternative to criminal or other civil enforcement, the commissioner or his or her designee, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner or his or her designee, after a hearing, determines that any person, firm, or corporation has violated any provision of this article or any order, rule, or regulation promulgated pursuant to this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person, firm, or corporation that has exhausted all administrative remedies available and that is aggrieved or adversely affected by a final order or action of the commissioner or his or her designee shall have the right of judicial review in accordance with Chapter 13 of Title 50. All fines collected or recovered by the commissioner under this Code section shall be remitted to the Office of the State Treasurer to the credit of the general fund of this state. The commissioner or his or her designee may file in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner or his or her designee, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the judgment and notify the parties. The judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner or his or her designee with respect to any violation of this article or any order, rule, or regulation promulgated pursuant to this article.
O.C.G.A. § 19-9-89 — GA Code / Title 19 / Chapter 9 / Section 19-9-89
Georgia Code Title 19. Domestic Relations § 19-9-89
Status: in_force

Except as otherwise provided in Code Section 19-9-91 , the petition and order must be served, by any method authorized by the laws of this state, upon respondent and any person who has physical custody of the child.
O.C.G.A. § 19-13a-3 — GA Code / Title 19 / Chapter 13A / Section 19-13a-3
Georgia Code Title 19. Domestic Relations § 19-13A-3
Status: in_force

(a) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that dating violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner from dating violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner and such order shall remain in effect until the court issues an order dismissing such order or a hearing as set forth in subsection (b) of this Code section occurs, whichever occurs first.

(a) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that dating violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner from dating violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner and such order shall remain in effect until the court issues an order dismissing such order or a hearing as set forth in subsection (b) of this Code section occurs, whichever occurs first.

(b) Within ten days of the filing of the petition under this chapter or as soon as practical thereafter, but not later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within 30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree.

(b) Within ten days of the filing of the petition under this chapter or as soon as practical thereafter, but not later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within 30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree.

(c) Social service agency staff members designated by the court may explain to all petitioners not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to petitioners and to any other person designated by the superior court pursuant to this Code section as authorized to advise petitioners on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51 .

(c) Social service agency staff members designated by the court may explain to all petitioners not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to petitioners and to any other person designated by the superior court pursuant to this Code section as authorized to advise petitioners on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51 .

(d) If the court finds a party is avoiding service to delay a hearing, the court may delay dismissal of the petition for an additional 30 days.

(d) If the court finds a party is avoiding service to delay a hearing, the court may delay dismissal of the petition for an additional 30 days.
O.C.G.A. § 19-9-92 — GA Code / Title 19 / Chapter 9 / Section 19-9-92
Georgia Code Title 19. Domestic Relations § 19-9-92
Status: in_force

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.
O.C.G.A. § 19-11-56 — GA Code / Title 19 / Chapter 11 / Section 19-11-56
Georgia Code Title 19. Domestic Relations § 19-11-56
Status: in_force

A court of this state, whether the state is acting as an initiating or a responding state, may, in its discretion, direct that any part of or all fees and costs incurred in this state, including, without limitation by enumeration, fees for filing, service of process, seizure of property, and stenographic service of both petitioner and respondent, or either, shall be paid by the state and shall direct that the district attorney's fee be paid by the state. The court may order that when the state has paid the costs above that a fi. fa. be issued against the respondent to reimburse the state for its expenditures. Where the action is brought by or through the state or an agency thereof, there shall be no filing fee.
O.C.G.A. § 19-9-1-2 — GA Code / Title 19 / Chapter 9 / Section 19-9-1-2
Georgia Code Title 19. Domestic Relations § 19-9-1.2
Status: in_force

Pursuant to Code Section 9-11-3 , and in addition to the filing requirements contained in Code Section 19-6-15 , in all proceedings under this article the plaintiff shall file a domestic relations case filing information form as prescribed by the Judicial Council of Georgia.
O.C.G.A. § 19-3-35-1 — GA Code / Title 19 / Chapter 3 / Section 19-3-35-1
Georgia Code Title 19. Domestic Relations § 19-3-35.1
Status: in_force

(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1 .

(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1 .

(b) The Department of Public Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Public Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988.

(b) The Department of Public Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Public Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988.

(c) On and after October 1, 1988, each person who makes application for a marriage license shall receive from the office of the probate judge at the time of the application the AIDS brochure and listing of HIV test sites prepared and furnished pursuant to subsection (b) of this Code section. On and after October 1, 1988, no marriage license shall be issued unless both the proposed husband and the proposed wife sign a form acknowledging that both have received the brochure and listing.

(c) On and after October 1, 1988, each person who makes application for a marriage license shall receive from the office of the probate judge at the time of the application the AIDS brochure and listing of HIV test sites prepared and furnished pursuant to subsection (b) of this Code section. On and after October 1, 1988, no marriage license shall be issued unless both the proposed husband and the proposed wife sign a form acknowledging that both have received the brochure and listing.
O.C.G.A. § 19-11-30-11 — GA Code / Title 19 / Chapter 11 / Section 19-11-30-11
Georgia Code Title 19. Domestic Relations § 19-11-30.11
Status: in_force

A financial institution may charge an account levied on by the commissioner of human services a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the department. The commissioner of human services requesting bank or account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237 .
O.C.G.A. § 19-9-96 — GA Code / Title 19 / Chapter 9 / Section 19-9-96
Georgia Code Title 19. Domestic Relations § 19-9-96
Status: in_force

At the request of a district attorney acting under Code Section 19-9-95 , a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a district attorney with responsibilities under Code Section 19-9-95 .
O.C.G.A. § 19-9-65 — GA Code / Title 19 / Chapter 9 / Section 19-9-65
Georgia Code Title 19. Domestic Relations § 19-9-65
Status: in_force

(a) Before a child custody determination is made under this article, notice and an opportunity to be heard in accordance with the standards of Code Section 19-9-47 must be given to all persons entitled to notice under the law of this state as in a child custody proceeding between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(a) Before a child custody determination is made under this article, notice and an opportunity to be heard in accordance with the standards of Code Section 19-9-47 must be given to all persons entitled to notice under the law of this state as in a child custody proceeding between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This article does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(b) This article does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this article are governed by the law of this state as in child custody proceedings between residents of this state.

(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this article are governed by the law of this state as in child custody proceedings between residents of this state.
O.C.G.A. § 19-11-37 — GA Code / Title 19 / Chapter 11 / Section 19-11-37
Georgia Code Title 19. Domestic Relations § 19-11-37
Status: in_force

(a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest. Actions initiated by the child support enforcement agency pursuant to Code Sections 19-11-32 through 19-11-36 , this Code section, and Code Sections 19-11-38 and 19-11-39 are not subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and the only hearing following notice to the financial institution directing the levy shall be in superior court pursuant to this Code section.

(a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest. Actions initiated by the child support enforcement agency pursuant to Code Sections 19-11-32 through 19-11-36 , this Code section, and Code Sections 19-11-38 and 19-11-39 are not subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and the only hearing following notice to the financial institution directing the levy shall be in superior court pursuant to this Code section.

(b) If a person decides to challenge the action taken by the child support enforcement agency, he or she must submit a written challenge within ten working days of the date of the notice, and the challenge must be directed to the person identified in the notice as the contact with the child support enforcement agency.

(b) If a person decides to challenge the action taken by the child support enforcement agency, he or she must submit a written challenge within ten working days of the date of the notice, and the challenge must be directed to the person identified in the notice as the contact with the child support enforcement agency.

(c) The child support enforcement agency shall, upon receipt of a written challenge, review the facts of the case with the challenging party. Only a mistake of fact, including but not limited to a mistake in the identity of the obligor or ownership of funds or a mistake in the amount of delinquent support due, shall be considered as a reason to dismiss or modify the proceeding. A rebuttable presumption shall exist in a joint account that the funds belong to the obligor, which presumption may only be rebutted by clear and convincing evidence.

(c) The child support enforcement agency shall, upon receipt of a written challenge, review the facts of the case with the challenging party. Only a mistake of fact, including but not limited to a mistake in the identity of the obligor or ownership of funds or a mistake in the amount of delinquent support due, shall be considered as a reason to dismiss or modify the proceeding. A rebuttable presumption shall exist in a joint account that the funds belong to the obligor, which presumption may only be rebutted by clear and convincing evidence.

(d) If the child support enforcement agency determines that a mistake of fact has occurred, the agency shall proceed as follows: (1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the child support enforcement agency shall notify the financial institution that the administrative levy has been released. The child support enforcement agency shall provide a copy of the notice of release to the obligor by first-class mail; or (2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the child support enforcement agency shall notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the child support enforcement agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38 .

(d) If the child support enforcement agency determines that a mistake of fact has occurred, the agency shall proceed as follows:

(1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the child support enforcement agency shall notify the financial institution that the administrative levy has been released. The child support enforcement agency shall provide a copy of the notice of release to the obligor by first-class mail; or

(1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the child support enforcement agency shall notify the financial institution that the administrative levy has been released. The child support enforcement agency shall provide a copy of the notice of release to the obligor by first-class mail; or

(2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the child support enforcement agency shall notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the child support enforcement agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38 .

(2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the child support enforcement agency shall notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the child support enforcement agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38 .

(e) If the child support enforcement agency finds no mistake of fact, the child support enforcement agency shall so notify the challenging party by regular mail. Upon a subsequent written request of the challenging party, the child support enforcement agency shall request a hearing before the superior court in the county in which the underlying support order is filed.

(e) If the child support enforcement agency finds no mistake of fact, the child support enforcement agency shall so notify the challenging party by regular mail. Upon a subsequent written request of the challenging party, the child support enforcement agency shall request a hearing before the superior court in the county in which the underlying support order is filed.

(f) Once such a hearing has been requested, the child support enforcement agency shall proceed as follows: (1) Require the financial institution to encumber moneys; and (2) Request that the clerk of the superior court schedule a hearing for a time not later than 30 calendar days after the filing of the request for hearing. The time for hearing shall not be extended unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the child support enforcement agency and to all account holders of interest.

(f) Once such a hearing has been requested, the child support enforcement agency shall proceed as follows:

(1) Require the financial institution to encumber moneys; and

(1) Require the financial institution to encumber moneys; and

(2) Request that the clerk of the superior court schedule a hearing for a time not later than 30 calendar days after the filing of the request for hearing. The time for hearing shall not be extended unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the child support enforcement agency and to all account holders of interest.

(2) Request that the clerk of the superior court schedule a hearing for a time not later than 30 calendar days after the filing of the request for hearing. The time for hearing shall not be extended unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the child support enforcement agency and to all account holders of interest.

(g) Once such a hearing has concluded, the child support enforcement agency shall proceed as follows: (1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the child support enforcement agency shall notify the financial institution that the administrative levy has been released; (2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the child support enforcement agency shall notify the financial institution to release the excess moneys to the obligor and remit the remaining moneys in the amount of the debt to the child support enforcement agency for disbursement to the appropriate recipient; or (3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the child support enforcement agency for disbursement to the appropriate recipient.

(g) Once such a hearing has concluded, the child support enforcement agency shall proceed as follows:

(1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the child support enforcement agency shall notify the financial institution that the administrative levy has been released;

(1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the child support enforcement agency shall notify the financial institution that the administrative levy has been released;

(2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the child support enforcement agency shall notify the financial institution to release the excess moneys to the obligor and remit the remaining moneys in the amount of the debt to the child support enforcement agency for disbursement to the appropriate recipient; or

(2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the child support enforcement agency shall notify the financial institution to release the excess moneys to the obligor and remit the remaining moneys in the amount of the debt to the child support enforcement agency for disbursement to the appropriate recipient; or

(3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the child support enforcement agency for disbursement to the appropriate recipient.

(3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the child support enforcement agency for disbursement to the appropriate recipient.

(h) If the obligor or any other party known to have an interest in the account fails to appear at the hearing, the court may find the challenging party in default, shall ratify the administrative levy, if valid upon its face, and shall enter an order directing the financial institution to release the moneys to the child support enforcement agency.

(h) If the obligor or any other party known to have an interest in the account fails to appear at the hearing, the court may find the challenging party in default, shall ratify the administrative levy, if valid upon its face, and shall enter an order directing the financial institution to release the moneys to the child support enforcement agency.

(i) Issues related to visitation, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this Code section.

(i) Issues related to visitation, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this Code section.

(j) Support orders shall not be modified pursuant to this Code section, and any findings in the challenge of an administrative levy related to the amount of the accruing or accrued support obligation do not modify the underlying support order.

(j) Support orders shall not be modified pursuant to this Code section, and any findings in the challenge of an administrative levy related to the amount of the accruing or accrued support obligation do not modify the underlying support order.

(k) An order entered under this Code section for a levy against an account of an obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced.

(k) An order entered under this Code section for a levy against an account of an obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced.

(l) The obligor may withdraw the request for challenge by submitting a written withdrawal to the individual identified as the contact for the child support enforcement agency in the notice, or the child support enforcement agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by first-class mail.

(l) The obligor may withdraw the request for challenge by submitting a written withdrawal to the individual identified as the contact for the child support enforcement agency in the notice, or the child support enforcement agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by first-class mail.

(m) If the financial institution has forwarded moneys to the child support enforcement agency and has deducted a fee from the moneys of the account, or if any additional fees or costs are levied against the account, and all funds are subsequently refunded to the account due to a mistake of fact or ruling of the court, the child support enforcement agency shall reimburse the account for any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount of support payments, however, the child support enforcement agency is not required to reimburse the account for any fees or costs levied against the account. Additionally, for the purposes of reimbursement to the account for any fees or costs, each certificate of deposit is considered a separate account.

(m) If the financial institution has forwarded moneys to the child support enforcement agency and has deducted a fee from the moneys of the account, or if any additional fees or costs are levied against the account, and all funds are subsequently refunded to the account due to a mistake of fact or ruling of the court, the child support enforcement agency shall reimburse the account for any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount of support payments, however, the child support enforcement agency is not required to reimburse the account for any fees or costs levied against the account. Additionally, for the purposes of reimbursement to the account for any fees or costs, each certificate of deposit is considered a separate account.
O.C.G.A. § 19-11-1 — GA Code / Title 19 / Chapter 11 / Section 19-11-1
Georgia Code Title 19. Domestic Relations § 19-11-1
Status: in_force

This article shall be known and may be cited as the “Child Support Recovery Act.”
O.C.G.A. § 19-5-5 — GA Code / Title 19 / Chapter 5 / Section 19-5-5
Georgia Code Title 19. Domestic Relations § 19-5-5
Status: in_force

(a) The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner.

(a) The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner.

(b) The petition shall show: (1) The residence or last known address of the respondent; (2) That the applicant meets the residence requirements for bringing an action for divorce or that the applicant is bringing a counterclaim and is not required to meet the residence requirements; (3) The date of the marriage and the date of the separation; (4) Whether or not there are any minor children of the parties and the name and age of each minor child; (5) The statutory ground upon which a divorce is sought; and (6) Where alimony or support or division of property is involved, the property and earnings of the parties, if such is known.

(b) The petition shall show:

(1) The residence or last known address of the respondent;

(1) The residence or last known address of the respondent;

(2) That the applicant meets the residence requirements for bringing an action for divorce or that the applicant is bringing a counterclaim and is not required to meet the residence requirements;

(2) That the applicant meets the residence requirements for bringing an action for divorce or that the applicant is bringing a counterclaim and is not required to meet the residence requirements;

(3) The date of the marriage and the date of the separation;

(3) The date of the marriage and the date of the separation;

(4) Whether or not there are any minor children of the parties and the name and age of each minor child;

(4) Whether or not there are any minor children of the parties and the name and age of each minor child;

(5) The statutory ground upon which a divorce is sought; and

(5) The statutory ground upon which a divorce is sought; and

(6) Where alimony or support or division of property is involved, the property and earnings of the parties, if such is known.

(6) Where alimony or support or division of property is involved, the property and earnings of the parties, if such is known.

(c) The respondent, at any time before trial, may file with the court a written demand for a detailed statement of the facts on which the grounds in the petition are predicated. The respondent shall cause a copy of the demand to be served upon the petitioner or upon the petitioner's counsel of record and the facts demanded shall be added to the petition in the form of an amendment thereto.

(c) The respondent, at any time before trial, may file with the court a written demand for a detailed statement of the facts on which the grounds in the petition are predicated. The respondent shall cause a copy of the demand to be served upon the petitioner or upon the petitioner's counsel of record and the facts demanded shall be added to the petition in the form of an amendment thereto.
O.C.G.A. § 19-3-30-1 — GA Code / Title 19 / Chapter 3 / Section 19-3-30-1
Georgia Code Title 19. Domestic Relations § 19-3-30.1
Status: in_force

(a) The premarital education provided for under this Code section shall include at least six hours of instruction involving marital issues, which may include but not be limited to conflict management, communication skills, financial responsibilities, child and parenting responsibilities, and extended family roles. The premarital education shall be completed within 12 months prior to the application for a marriage license and the couple shall undergo the premarital education together, except as provided for in subsection (d) of this Code section. The premarital education shall be performed by: (1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43; (2) A psychiatrist who is licensed as a physician pursuant to Chapter 34 of Title 43; (3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or (4) An active member of the clergy when in the course of his or her service as clergy or his or her designee, including retired clergy, provided that a designee is trained and skilled in premarital education; provided, further, that any active or retired member of the clergy or his or her designee performing the premarital education for a party who is 17 years of age shall also be a professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43.

(a) The premarital education provided for under this Code section shall include at least six hours of instruction involving marital issues, which may include but not be limited to conflict management, communication skills, financial responsibilities, child and parenting responsibilities, and extended family roles. The premarital education shall be completed within 12 months prior to the application for a marriage license and the couple shall undergo the premarital education together, except as provided for in subsection (d) of this Code section. The premarital education shall be performed by:

(1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43;

(1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43;

(2) A psychiatrist who is licensed as a physician pursuant to Chapter 34 of Title 43;

(2) A psychiatrist who is licensed as a physician pursuant to Chapter 34 of Title 43;

(3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or

(3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or

(4) An active member of the clergy when in the course of his or her service as clergy or his or her designee, including retired clergy, provided that a designee is trained and skilled in premarital education; provided, further, that any active or retired member of the clergy or his or her designee performing the premarital education for a party who is 17 years of age shall also be a professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43.

(4) An active member of the clergy when in the course of his or her service as clergy or his or her designee, including retired clergy, provided that a designee is trained and skilled in premarital education; provided, further, that any active or retired member of the clergy or his or her designee performing the premarital education for a party who is 17 years of age shall also be a professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43.

(b) Each premarital education provider provided for in paragraphs (1) through (4) of subsection (a) of this Code section shall furnish each participant who completes the premarital education under his or her performance a certificate of completion.

(b) Each premarital education provider provided for in paragraphs (1) through (4) of subsection (a) of this Code section shall furnish each participant who completes the premarital education under his or her performance a certificate of completion.

(c) If both persons applying for a marriage license are 18 years of age or older and certify on the application for a marriage license that they have successfully completed a qualifying premarital education program, then such persons shall not be charged a fee for a marriage license.

(c) If both persons applying for a marriage license are 18 years of age or older and certify on the application for a marriage license that they have successfully completed a qualifying premarital education program, then such persons shall not be charged a fee for a marriage license.

(d) If either person applying for a marriage license is 17 years of age: (1) No fee shall be charged for the issuance of a marriage license; (2) A certificate of completion of premarital education by any such person as provided in subsection (b) of this Code section shall be provided to the judge of the probate court. The requirement of this paragraph shall not be waived regardless of whether the persons applying for a marriage license are willing to be charged a fee for the marriage license; (3) Each person shall undergo the premarital education separately from the other person; and (4) In addition to the topics provided for under subsection (a) of this Code section, the premarital education shall include instruction on the potential risks of marrying young, including, but not limited to, high divorce rates, increased rates of noncompletion of education, greater likelihood of poverty, medical and mental health problems, and information contained within the fact sheet provided for under Code Section 19-3-41.1 , including, but not limited to, information on domestic violence and website and telephone resources for victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking.

(d) If either person applying for a marriage license is 17 years of age:

(1) No fee shall be charged for the issuance of a marriage license;

(1) No fee shall be charged for the issuance of a marriage license;

(2) A certificate of completion of premarital education by any such person as provided in subsection (b) of this Code section shall be provided to the judge of the probate court. The requirement of this paragraph shall not be waived regardless of whether the persons applying for a marriage license are willing to be charged a fee for the marriage license;

(2) A certificate of completion of premarital education by any such person as provided in subsection (b) of this Code section shall be provided to the judge of the probate court. The requirement of this paragraph shall not be waived regardless of whether the persons applying for a marriage license are willing to be charged a fee for the marriage license;

(3) Each person shall undergo the premarital education separately from the other person; and

(3) Each person shall undergo the premarital education separately from the other person; and

(4) In addition to the topics provided for under subsection (a) of this Code section, the premarital education shall include instruction on the potential risks of marrying young, including, but not limited to, high divorce rates, increased rates of noncompletion of education, greater likelihood of poverty, medical and mental health problems, and information contained within the fact sheet provided for under Code Section 19-3-41.1 , including, but not limited to, information on domestic violence and website and telephone resources for victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking.

(4) In addition to the topics provided for under subsection (a) of this Code section, the premarital education shall include instruction on the potential risks of marrying young, including, but not limited to, high divorce rates, increased rates of noncompletion of education, greater likelihood of poverty, medical and mental health problems, and information contained within the fact sheet provided for under Code Section 19-3-41.1 , including, but not limited to, information on domestic violence and website and telephone resources for victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking.
O.C.G.A. § 19-9-93 — GA Code / Title 19 / Chapter 9 / Section 19-9-93
Georgia Code Title 19. Domestic Relations § 19-9-93
Status: in_force

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this article which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Part 2 of this article.
O.C.G.A. § 19-11-184 — GA Code / Title 19 / Chapter 11 / Section 19-11-184
Georgia Code Title 19. Domestic Relations § 19-11-184
Status: in_force

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of Georgia applies.

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of Georgia applies.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Code Sections 19-11-184.1 through 19-11-184.8 apply.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Code Sections 19-11-184.1 through 19-11-184.8 apply.

(c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement: (1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of Georgia under the same circumstances.

(c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:

(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of Georgia under the same circumstances.

(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of Georgia under the same circumstances.

(d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Services.

(d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Services.

(e) This part does not prevent the application of laws of Georgia that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

(e) This part does not prevent the application of laws of Georgia that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
O.C.G.A. § 19-11-162 — GA Code / Title 19 / Chapter 11 / Section 19-11-162
Georgia Code Title 19. Domestic Relations § 19-11-162
Status: in_force

(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of Georgia.

(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of Georgia.

(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia.

(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia.

(c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

(c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
O.C.G.A. § 19-11-184-5 — GA Code / Title 19 / Chapter 11 / Section 19-11-184-5
Georgia Code Title 19. Domestic Relations § 19-11-184.5
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d) of this Code section, a tribunal of Georgia shall recognize and enforce a foreign support agreement registered in this state.

(a) Except as otherwise provided in subsections (c) and (d) of this Code section, a tribunal of Georgia shall recognize and enforce a foreign support agreement registered in this state.

(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) A complete text of the foreign support agreement; and (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(1) A complete text of the foreign support agreement; and

(1) A complete text of the foreign support agreement; and

(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) A tribunal of Georgia may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(c) A tribunal of Georgia may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d) In a contest of a foreign support agreement, a tribunal of Georgia may refuse recognition and enforcement of the agreement if it finds: (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) The agreement was obtained by fraud or falsification; (3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in Georgia; or (4) The record submitted under subsection (b) of this Code section lacks authenticity or integrity.

(d) In a contest of a foreign support agreement, a tribunal of Georgia may refuse recognition and enforcement of the agreement if it finds:

(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) The agreement was obtained by fraud or falsification;

(2) The agreement was obtained by fraud or falsification;

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in Georgia; or

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in Georgia; or

(4) The record submitted under subsection (b) of this Code section lacks authenticity or integrity.

(4) The record submitted under subsection (b) of this Code section lacks authenticity or integrity.

(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
O.C.G.A. § 19-2-5 — GA Code / Title 19 / Chapter 2 / Section 19-2-5
Georgia Code Title 19. Domestic Relations § 19-2-5
Status: in_force

Persons of full age who for any cause are placed under the power of a guardian have the same domicile as the guardian.
O.C.G.A. § 19-9-84 — GA Code / Title 19 / Chapter 9 / Section 19-9-84
Georgia Code Title 19. Domestic Relations § 19-9-84
Status: in_force

(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

(1) A visitation schedule made by a court of another state; or

(1) A visitation schedule made by a court of another state; or

(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b) If a court of this state makes an order under paragraph (2) of subsection (a) of this Code section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires.

(b) If a court of this state makes an order under paragraph (2) of subsection (a) of this Code section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires.

(c) If a court of another state or a court of this state has made a finding of family violence on the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule or the visitation provisions of a child custody determination of another state in accordance with subsection (a) of this Code section, a court of this state may enter any orders necessary to ensure the safety of the child and of any person who has been the victim of family violence, including but not limited to an order for supervised visitation pursuant to Code Section 19-9-7 .

(c) If a court of another state or a court of this state has made a finding of family violence on the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule or the visitation provisions of a child custody determination of another state in accordance with subsection (a) of this Code section, a court of this state may enter any orders necessary to ensure the safety of the child and of any person who has been the victim of family violence, including but not limited to an order for supervised visitation pursuant to Code Section 19-9-7 .
O.C.G.A. § 19-11-128 — GA Code / Title 19 / Chapter 11 / Section 19-11-128
Georgia Code Title 19. Domestic Relations § 19-11-128
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by this article.
O.C.G.A. § 19-11-163 — GA Code / Title 19 / Chapter 11 / Section 19-11-163
Georgia Code Title 19. Domestic Relations § 19-11-163
Status: in_force

(a) Except as otherwise provided in subsection (d) of this Code section, the law of the issuing state or foreign country governs: (1) The nature, extent, amount, and duration of current payments under a registered support order; (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) The existence and satisfaction of other obligations under the support order.

(a) Except as otherwise provided in subsection (d) of this Code section, the law of the issuing state or foreign country governs:

(1) The nature, extent, amount, and duration of current payments under a registered support order;

(1) The nature, extent, amount, and duration of current payments under a registered support order;

(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) The existence and satisfaction of other obligations under the support order.

(3) The existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of Georgia or of the issuing state or foreign country, whichever is longer, applies.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of Georgia or of the issuing state or foreign country, whichever is longer, applies.

(c) A responding tribunal of Georgia shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in Georgia.

(c) A responding tribunal of Georgia shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in Georgia.

(d) After a tribunal of Georgia or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of Georgia shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

(d) After a tribunal of Georgia or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of Georgia shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
O.C.G.A. § 19-9-128 — GA Code / Title 19 / Chapter 9 / Section 19-9-128
Georgia Code Title 19. Domestic Relations § 19-9-128
Status: in_force

An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the department and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the child, his or her parent, or another child of the parent. Nothing in this article shall be construed to diminish or limit any rights, power, or authority of or by the Division of Family and Children Services for the protection of any child.
O.C.G.A. § 19-6-53 — GA Code / Title 19 / Chapter 6 / Section 19-6-53
Georgia Code Title 19. Domestic Relations § 19-6-53
Status: in_force

(a) 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.

(a) The commission shall have the following duties:

(1) To study and evaluate the effectiveness and efficiency of Georgia's child support guidelines;

(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;

(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 ;

(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;

(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;

(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;

(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;

(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;

(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;

(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;

(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;

(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

(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.

(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.

(b) 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.

(b) 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;

(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;

(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;

(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;

(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

(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.

(6) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities.

(c) 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.

(c) 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.
O.C.G.A. § 19-2-1 — GA Code / Title 19 / Chapter 2 / Section 19-2-1
Georgia Code Title 19. Domestic Relations § 19-2-1
Status: in_force

(a) The domicile of every person who is of full age and is laboring under no disability is the place where the family of the person permanently resides, if in this state. If a person has no family or if his family does not reside in this state, the place where the person generally lodges shall be considered his domicile.

(a) The domicile of every person who is of full age and is laboring under no disability is the place where the family of the person permanently resides, if in this state. If a person has no family or if his family does not reside in this state, the place where the person generally lodges shall be considered his domicile.

(b) The domicile of a person sui juris may be changed by an actual change of residence with the avowed intention of remaining at the new residence. Declaration of an intention to change one's domicile is ineffectual for that purpose until some act is done in execution of the intention.

(b) The domicile of a person sui juris may be changed by an actual change of residence with the avowed intention of remaining at the new residence. Declaration of an intention to change one's domicile is ineffectual for that purpose until some act is done in execution of the intention.
O.C.G.A. § 19-3-30 — GA Code / Title 19 / Chapter 3 / Section 19-3-30
Georgia Code Title 19. Domestic Relations § 19-3-30
Status: in_force

(a) Marriage licenses shall be issued only by the judge of the probate court or his clerk at the county courthouse between the hours of 8:00 A.M. and 6:00 P.M., Monday through Saturday.

(a) Marriage licenses shall be issued only by the judge of the probate court or his clerk at the county courthouse between the hours of 8:00 A.M. and 6:00 P.M., Monday through Saturday.

(b)(1) No marriage license shall be issued to persons of the same sex. (2) If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed.

(b)(1) No marriage license shall be issued to persons of the same sex.

(b)(1) No marriage license shall be issued to persons of the same sex.

(2) If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed.

(2) If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed.

(c) The license shall be directed to the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the Governor or any former Governor of this state, judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose.

(c) The license shall be directed to the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the Governor or any former Governor of this state, judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose.

(d) The fact of issue of any unrecorded marriage license may be established by affidavit of either party to a ceremonial marriage, which affidavit shall set forth the date, the place, and the name and title of the official issuing the license.

(d) The fact of issue of any unrecorded marriage license may be established by affidavit of either party to a ceremonial marriage, which affidavit shall set forth the date, the place, and the name and title of the official issuing the license.

(e) In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose.

(e) In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose.

(f) Any other provisions of this Code section or any other law to the contrary notwithstanding, the judge of the probate court of any county which has within its boundaries a municipality that has a population according to the United States decennial census of 1950 or any future such census greater than that of the county seat of the county is authorized to appoint a clerk for the purpose of granting marriage licenses in the municipality at an office designated by the judge. The licenses shall be issued only between the hours prescribed in subsection (a) of this Code section.

(f) Any other provisions of this Code section or any other law to the contrary notwithstanding, the judge of the probate court of any county which has within its boundaries a municipality that has a population according to the United States decennial census of 1950 or any future such census greater than that of the county seat of the county is authorized to appoint a clerk for the purpose of granting marriage licenses in the municipality at an office designated by the judge. The licenses shall be issued only between the hours prescribed in subsection (a) of this Code section.
O.C.G.A. § 19-9-133 — GA Code / Title 19 / Chapter 9 / Section 19-9-133
Georgia Code Title 19. Domestic Relations § 19-9-133
Status: in_force

This article shall not affect a power of attorney given to a grandparent prior to September 1, 2018, to which the provisions of former Code Sections 19-9-120 through 19-9-129 , as such existed on August 30, 2018, shall continue to apply.
O.C.G.A. § 19-7-51 — GA Code / Title 19 / Chapter 7 / Section 19-7-51
Georgia Code Title 19. Domestic Relations § 19-7-51
Status: in_force

The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, as provided in Code Section 19-6-15 , or any other matter in the best interests of the child.
O.C.G.A. § 19-13-52 — GA Code / Title 19 / Chapter 13 / Section 19-13-52
Georgia Code Title 19. Domestic Relations § 19-13-52
Status: in_force

(a) The Georgia Protective Order Registry shall be created to serve as a state-wide, centralized data base for the collection of protective orders. The registry is intended to enhance victim safety by providing law enforcement officers, prosecuting attorneys, and the courts access to protective orders issued by the courts of this state and foreign courts 24 hours of the day and seven days of the week. Access to the registry is intended to aid law enforcement officers, prosecuting attorneys, and the courts in the enforcement of protective orders and the protection to victims.

(a) The Georgia Protective Order Registry shall be created to serve as a state-wide, centralized data base for the collection of protective orders. The registry is intended to enhance victim safety by providing law enforcement officers, prosecuting attorneys, and the courts access to protective orders issued by the courts of this state and foreign courts 24 hours of the day and seven days of the week. Access to the registry is intended to aid law enforcement officers, prosecuting attorneys, and the courts in the enforcement of protective orders and the protection to victims.

(b) The registry shall be maintained by the Georgia Crime Information Center. The Georgia Commission on Family Violence may consult with the Georgia Crime Information Center regarding the effectiveness of the registry in enhancing the safety of victims.

(b) The registry shall be maintained by the Georgia Crime Information Center. The Georgia Commission on Family Violence may consult with the Georgia Crime Information Center regarding the effectiveness of the registry in enhancing the safety of victims.

(c) The registry shall include a complete and systematic record and index of all protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry.

(c) The registry shall include a complete and systematic record and index of all protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry.

(d) The registry shall be linked to the National Crime Information Center Network, and protective orders or modifications thereof entered in the registry shall be immediately transmitted to such network.

(d) The registry shall be linked to the National Crime Information Center Network, and protective orders or modifications thereof entered in the registry shall be immediately transmitted to such network.
O.C.G.A. § 19-11-9-2 — GA Code / Title 19 / Chapter 11 / Section 19-11-9-2
Georgia Code Title 19. Domestic Relations § 19-11-9.2
Status: reserved

(a) Employers doing business in the State of Georgia shall report to the Georgia state support registry managed by the Department of Human Services: (1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.

(a) Employers doing business in the State of Georgia shall report to the Georgia state support registry managed by the Department of Human Services:

(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and

(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and

(2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.

(2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.

(b) Reserved.

(b) Reserved.

(c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified business identifier number. An employer who fails to report as required under this Code section shall be given a written warning.

(c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain:

(1) The employee's name, address, social security number, and date of birth; and

(1) The employee's name, address, social security number, and date of birth; and

(2) The employer's name, address, and employment security number or unified business identifier number.

(2) The employer's name, address, and employment security number or unified business identifier number.

An employer who fails to report as required under this Code section shall be given a written warning.

(d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed.

(d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed.

(e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting.

(e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting.

(f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Temporary Assistance for Needy Families program and the food stamp program.

(f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Temporary Assistance for Needy Families program and the food stamp program.

(g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delinquent unemployment contributions and overpayment of unemployment benefits.

(g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delinquent unemployment contributions and overpayment of unemployment benefits.

(h) The Department of Human Services shall administer this registry and shall provide computer access to the authorized users. The Department of Human Services shall be authorized to apportion the costs of the registry between the users.

(h) The Department of Human Services shall administer this registry and shall provide computer access to the authorized users. The Department of Human Services shall be authorized to apportion the costs of the registry between the users.
O.C.G.A. § 19-6-22 — GA Code / Title 19 / Chapter 6 / Section 19-6-22
Georgia Code Title 19. Domestic Relations § 19-6-22
Status: in_force

Where a petition authorized by subsection (a) of Code Section 19-6-19 is filed by a party obligated to pay alimony, the court may require the party to pay the reasonable expenses of litigation as may be incurred by the party's former spouse on behalf of the former spouse in defense thereof.
O.C.G.A. § 19-7-2 — GA Code / Title 19 / Chapter 7 / Section 19-7-2
Georgia Code Title 19. Domestic Relations § 19-7-2
Status: in_force

It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (e) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order.
O.C.G.A. § 19-13a-6 — GA Code / Title 19 / Chapter 13A / Section 19-13a-6
Georgia Code Title 19. Domestic Relations § 19-13A-6
Status: in_force

A violation of an order issued pursuant to this chapter may be punished by an action for contempt or criminally punished as provided in Article 7 of Chapter 5 of Title 16.
O.C.G.A. § 19-9-129 — GA Code / Title 19 / Chapter 9 / Section 19-9-129
Georgia Code Title 19. Domestic Relations § 19-9-129
Status: in_force

(a) A power of attorney executed under this article shall be: (1) Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation; and (2) A copy of it shall be filed by the individual executing the power of attorney, or his or her designee, within ten days of the power of attorney being executed, in the probate court of the county in which the child resides. If the residence of the child changes to a different county during the term of the power of attorney, the agent shall file the power of attorney in the probate court of the county of the new residence and notify the original court in writing of such change.

(a) A power of attorney executed under this article shall be:

(1) Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation; and

(1) Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation; and

(2) A copy of it shall be filed by the individual executing the power of attorney, or his or her designee, within ten days of the power of attorney being executed, in the probate court of the county in which the child resides. If the residence of the child changes to a different county during the term of the power of attorney, the agent shall file the power of attorney in the probate court of the county of the new residence and notify the original court in writing of such change.

(2) A copy of it shall be filed by the individual executing the power of attorney, or his or her designee, within ten days of the power of attorney being executed, in the probate court of the county in which the child resides. If the residence of the child changes to a different county during the term of the power of attorney, the agent shall file the power of attorney in the probate court of the county of the new residence and notify the original court in writing of such change.

(b) Each probate court shall maintain a docket in which a power of attorney will be registered. The docket shall include the name of the agent, the name of the child, the date the power of attorney was deposited with the court, and the date the power of attorney expires, if applicable. The power of attorney shall be confidential; provided, however, that the individual who executed the power of attorney or his or her legal representative shall have access to such power of attorney and the department and any local, state, or federal authority that is conducting an investigation involving the agent or the individual who executed such power of attorney may be granted access upon good cause shown to the court. The docket shall be publicly accessible as are other dockets for the probate court. Notwithstanding Article 3 of Chapter 9 of Title 15, the probate court shall not impose any filing fee for the depositing of a power of attorney under this Code section.

(b) Each probate court shall maintain a docket in which a power of attorney will be registered. The docket shall include the name of the agent, the name of the child, the date the power of attorney was deposited with the court, and the date the power of attorney expires, if applicable. The power of attorney shall be confidential; provided, however, that the individual who executed the power of attorney or his or her legal representative shall have access to such power of attorney and the department and any local, state, or federal authority that is conducting an investigation involving the agent or the individual who executed such power of attorney may be granted access upon good cause shown to the court. The docket shall be publicly accessible as are other dockets for the probate court. Notwithstanding Article 3 of Chapter 9 of Title 15, the probate court shall not impose any filing fee for the depositing of a power of attorney under this Code section.

(c) Nothing in this Code section shall be construed so as to prohibit an individual from revoking a power of attorney or executing a subsequent power of attorney.

(c) Nothing in this Code section shall be construed so as to prohibit an individual from revoking a power of attorney or executing a subsequent power of attorney.
O.C.G.A. § 19-3-62 — GA Code / Title 19 / Chapter 3 / Section 19-3-62
Georgia Code Title 19. Domestic Relations § 19-3-62
Status: in_force

An antenuptial agreement shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public. Antenuptial agreements shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate such agreements.
O.C.G.A. § 19-11-103 — GA Code / Title 19 / Chapter 11 / Section 19-11-103
Georgia Code Title 19. Domestic Relations § 19-11-103
Status: in_force

(a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(b) This article does not: (1) Provide the exclusive method of establishing or enforcing a support order under the law of Georgia; or (2) Grant a tribunal of Georgia jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article.

(b) This article does not:

(1) Provide the exclusive method of establishing or enforcing a support order under the law of Georgia; or

(1) Provide the exclusive method of establishing or enforcing a support order under the law of Georgia; or

(2) Grant a tribunal of Georgia jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article.

(2) Grant a tribunal of Georgia jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article.