reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-13 - Determination of paternity; acknowledgment under oath; legal proceedings

Whenever the department receives an application for services under this article on behalf of a child born out of wedlock and the child's mother identifies in writing the putative father of the child, the department may make an investigation of the surrounding circumstances and may request that the putative father acknowledge paternity under oath. If the department is unable to secure such an acknowledgment, the department may initiate legal proceedings to establish the paternity of the child, unless the department determines, in accordance with standards prescribed pursuant to the federal Social Security Act, that it is against the best interests of the child to do so.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-14 - Father's liability for support of child born out of wedlock; full faith and credit to paternity determination by another state

(a)
Whenever a man has been adjudicated by a court of competent jurisdiction or an administrative tribunal as the father of a child born out of wedlock or whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of the child in the same manner as he would owe the duty of support if the child were his child born in wedlock. The right of the child born out of wedlock to receive such support is enforceable in a civil action, notwithstanding any other provision of law.
(b)
For the purposes of this chapter only, the courts of this state shall give full faith and credit to a determination of paternity made by another state whether established through voluntary acknowledgment or through administrative or judicial processes.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-15 - Voluntary support agreement; notice and hearing; notice of final determination

(a)
When the department has completed its investigation, has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section
19-6-15
, and believes that the absent parent is able to furnish a certain amount of support, the department may, as an exception to Code Section
9-12-18
, request the absent parent to enter into a proposed consent order subject to income withholding to provide the support amount and accident and sickness insurance coverage consistent with Code Section
19-11-26
prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. Income withholding shall issue consistent with Code Sections
19-6-30
through
19-6-33.1
. If the department is unable to secure a proposed consent order from the parent, the department may file an action in superior court or may initiate an administrative action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b)
The administrative hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing.
(c)
The determination of the administrative law judge regarding the ability to provide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall be sent by first-class mail. The final order shall include a provision for immediate income withholding consistent with Code Sections
19-6-30
through
19-6-33.1
, and shall inform the absent parent in plain language:
(1)
That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her earnings or other personalty, or in other collection actions; and
(2)
That the absent parent has the right to appeal the determination within 30 days.
(d)
The final administrative order for support shall have the full force and effect of an order of a superior court of this state and shall be enforceable upon filing with such court under an action for contempt. All other remedies available under the law shall be available for the enforcement of such administrative orders.
Amended by 2024 Ga. Laws 428,§ 6, eff. 7/1/2024.
Amended by 2017 Ga. Laws 242,§ 1-21, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-15.1 - Information required to be given to individuals receiving services

The child support enforcement agency shall provide individuals who are applying for or receiving services under this article, or who are parties to cases in which services are being provided under this article, with the following:
(1)
Notice, pursuant to Title IV-D of the Social Security Act and regulations thereunder, of all proceedings in which support obligations might be established or modified; and
(2)
A copy of any order establishing or modifying a child support obligation or, in the case of a request for review or modification, a notice of determination that there should be no change in the amount of the child support award within 14 days after issuance of such order or determination.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-16 - Periodic redeterminations and reinvestigations

The department may conduct periodic redeterminations and reinvestigations of the ability of the parent to furnish support. Any initial determination of the ability to support or any increase in the amount of support shall be subject to the same procedure as determinations under Code Section
19-11-15
.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-17 - Redetermination at request of parent; time for hearing

Whenever a parent has been determined able to support his child pursuant to Code Section
19-11-15
or
19-11-16
but is unable to provide the support because of a change in circumstances, he may demand a hearing for redetermination. The department shall hold the hearing within 30 days after receiving the request.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-20 - Wage assignments

(a)
A parent responsible for child support payments may make an assignment of a portion of his wages to the department in order to fulfill his obligations under this article. The employer shall recognize and comply with any wage assignment executed for the purpose of meeting child support obligations and the wage assignment shall be enforceable.
(b)
Employers may not terminate the services of an employed parent who executes a wage assignment for child support purposes, solely because of the assignment.
(c)
In addition to other remedies provided at law, courts may require wage assignments, if accepted by the employer, as a condition of probation or at such other times as appropriate to ensure the regular availability of support to a dependent child.
(d)
The payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $3.00 for each deduction thereafter.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-21 - Payment of support to department

Payment of support pursuant to an administrative determination or a voluntary agreement shall be made to the department. In non-TANF cases, where the department deems it appropriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the department requires, in accordance with the federal Social Security Act, as amended. Child support which is ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his or her child or children, whether the proceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, the juvenile probation officer, the community supervision officer, the child support receiver, or a similar official who is collecting support to the department upon the department's certification that the child is a recipient of public assistance or upon the department's certification that an application has been filed with the department for enforcement of support in accordance with the provisions of the federal Social Security Act.
Amended by 2015 Ga. Laws 73,§ 5-44, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-22 - Article not exclusive

The procedures, actions, and remedies provided in this article shall in no way be exclusive but shall be in addition to and not in substitution of other proceedings provided by law.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-23 - Authority of district attorneys

(a)
The district attorneys of this state shall be authorized to render such assistance to the department as the department may request and to file and prosecute, in any of the several courts of this state or of the United States, such civil or criminal actions on behalf of the department as may be necessary to ensure the proper enforcement of this article.
(b)
When acting pursuant to subsection (a) of this Code section, the district attorney shall represent the department and the department shall be the sole client of the district attorney.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-24 - Conformity with federal law intended; adoption of necessary regulations authorized

Nothing in this article is intended to conflict with any federal law or to result in the loss of federal funds. The department may adopt regulations necessary to prevent conflict with federal law or the loss of federal funds.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-25 - Availability of information about overdue support to consumer reporting agency; notice to debtor parent; fee

(a)
In accordance with Section 466(a) of the federal Social Security Act, the department shall make available information regarding the amount of overdue support owed by an absent parent residing in the state to any consumer reporting agency, as defined in Section 603(f) of the federal Fair Credit Reporting Act, upon the request of such agency.
(b)
If the amount of overdue support involved in any case is less than $1,000.00, information regarding such overdue support may be made available in the discretion of the department.
(c)
Any information with respect to an absent parent shall be made available only after notice of the proposed action has been sent by the department to such absent parent and such absent parent has been given a reasonable opportunity to contest the accuracy of such information.
(d)
The department may collect a fee from the recipient for furnishing such information not to exceed the actual cost thereof.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-26 - Accident and sickness insurance coverage for children; order requiring medical support

(a)
In all cases involving the assignment and collection of child support, or where medical assistance benefits are being provided, the department or court may determine, as a regular part of its investigation and inquiry, whether accident and sickness coverage for the child or children involved is reasonably available to a party to a court order at a reasonable cost in connection with the party's employment or union. For purposes of this article, the term "person or entity providing access to coverage" shall mean an employer or union which offers a group insurance plan, as defined in Section 607(b) of the federal Employee Retirement Income Security Act of 1974, a health maintenance organization or a service benefit plan, or any other policy of health insurance under Title 33. If it is determined that such coverage is reasonably available in connection with the medical insurance obligor's employment or union, the department is authorized to petition for modification of any existing order of support to include the provision of such coverage, to intervene in any pending action to have such coverage included, or to include the request for such coverage in any action brought by the department.
(b)
Upon petition by the department to have accident and sickness insurance coverage included, any court or administrative hearing officer having jurisdiction over the matter may include the provision of medical support in any order of support it may enter, if such medical support is found to be available to the medical insurance obligor in connection with his or her employment or union at a reasonable cost consistent with subsection (a) of this Code section.
(c)
Any order requiring medical support under this Code section shall contain language notifying the medical insurance obligor that failure to provide accident and sickness insurance coverage may result in direct enforcement of the order. Any order of medical support entered or modified prior to April 1, 1994, shall be construed as a matter of law to contain this notice.
(d)
Any order requiring medical support under this Code section shall remain in effect until:
(1)
A further order of the court or hearing officer;
(2)
The child is emancipated, if there is no express language to the contrary in the order; or
(3)
Coverage is no longer available and no conversion privileges exist at a reasonable cost to continue coverage beyond the termination date of the policy.
(e)
Any order requiring medical support under this Code section shall not require a plan to provide any type or form of benefit, or any option not otherwise provided under the plan, except to the extent necessary to meet the requirements of this Code section.
Amended by 2010 Ga. Laws 410,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-28 - Accident and sickness insurance coverage for children; authorization of payments of benefits; notice of termination; immunity from liability of person or entity providing access to coverage

(a)
The signature of the medical insurance obligee or an agent of the department shall constitute a valid authorization to any insurer to process benefits and to make payments to a health care provider or the medical insurance obligee in accordance with any accident and sickness insurance policy.
(b)
An order of medical support shall operate as an assignment to the medical insurance obligee of any right to benefits under a policy of accident and sickness coverage maintained by the medical insurance obligor insofar as dependent coverage is available. The medical insurance obligee shall be subrogated to the rights of the medical insurance obligor to the extent necessary to pursue any claim against the insurer under such policy.
(c)
Within ten business days after termination of a policy of accident and sickness insurance established pursuant to Code Section
19-11-27
, or the termination of employment of the medical insurance obligor, the person or entity providing access to such coverage on behalf of a medical insurance obligor shall mail a termination notice to the person or entity which initially sent a notice of enrollment or National Medical Support Notice and provide the medical insurance obligor's last known address and, if known, the address of the medical insurance obligor's new employer.
(d)
Any person or entity providing access to accident and sickness coverage on behalf of a medical insurance obligor shall be immune from any civil or criminal liability while complying in good faith with the provisions of this Code section and Code Section
19-11-27
.
(e)
Any person or entity acting as a plan fiduciary who makes payment pursuant to this Code section discharges to the extent of any payment the plan's obligation.
Amended by 2010 Ga. Laws 410,§ 5, eff. 7/1/2010.
Amended by 2002 Ga. Laws 951, § 8, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-29 - Accident and sickness insurance coverage for children; liability and penalty applicable to person or entity providing access to coverage and insurers

(a)
Any person or entity providing access to accident and sickness insurance coverage on behalf of a medical insurance obligor in connection with the medical insurance obligor's employment or union shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for willful failure to enroll promptly, without regard to enrollment season restrictions, a dependent in an accident and sickness insurance plan under an order of medical support or a notice of enrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (g) of Code Section
19-11-27
.
(b)
Insurers shall not deny enrollment of a child under subsection (a) of this Code section in a parent's health insurance coverage on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the insurer's service area.
(c)
Any person or entity providing access to accident and sickness insurance coverage on behalf of a medical insurance obligor shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for the disenrollment by the medical insurance obligor, or elimination of coverage of the child, unless the medical insurance obligor provides written proof that the child has been enrolled or will be enrolled in comparable insurance coverage, with the coverage to take effect no later than the effective date of disenrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section
19-11-26
.
(d)
The department may recover the civil penalty provided for in this Code section by civil action or pursuant to any remedy otherwise available for the enforcement of court orders.
Amended by 2010 Ga. Laws 410,§ 6, eff. 7/1/2010.
Amended by 2002 Ga. Laws 951, § 9, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30 - Confidentiality of information and records; safeguards against unauthorized use

(a)
(1)
Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor.
(2)
The department shall provide to an attorney representing an obligor, to an attorney representing an obligee, or to a private child support collector, as defined in Code Section
10-1-392
, and hired by an obligee and acting pursuant to a power of attorney signed by such obligee, any documents which such obligor or obligee would be entitled to request and receive from the child support enforcement agency.
(b)
The department shall establish safeguards against the unauthorized use or disclosure of information relating to:
(1)
Proceedings or actions to establish paternity;
(2)
Proceedings to establish or enforce support;
(3)
The whereabouts of one party to another party against whom a protective order with respect to the former party has been entered; and
(4)
The whereabouts of one party to another party if the department has reason to believe that the release of the information may result in physical or emotional harm to the former party.
Amended by 2017 Ga. Laws 242,§ 1-23, eff. 7/1/2017.
Amended by 2009 Ga. Laws 344,§ 5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.1 - Bank Match Registry

The department shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such registry shall include only identifying information for obligors whom the child support enforcement agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. Such registry shall be known as the Department of Human Services Bank Match Registry. The child support enforcement agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The department is authorized to establish the procedures and the costs to be paid for performing the data searches and for providing the data to the department's child support enforcement agency.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 10, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.3 - Responsibility of Department of Human Services Bank Match Registry

The Department of Human Services Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the child support enforcement agency for child support enforcement purposes, and report the matched accounts in machine readable form. Upon the receipt of such information, the department, and where appropriate local contractors, shall seek to verify the accuracy of the information presented.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 12, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.4 - Disclosure of information

No employee or agent of the state shall divulge any information collected pursuant to Code Sections
19-11-30.1
through
19-11-30.3
or Code Section
19-11-30.6
to any public or private agency or individual except in the manner prescribed in this Code section. Information may be disclosed and shared by and between any employee of an administering agency and any subgrantee, local administering agency, or contractor performing child support enforcement functions under the provisions of Title IV-D of the federal Social Security Act. Unauthorized disclosure shall be punished pursuant to Code Section
19-11-30
.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.5 - Failure of financial institution to comply

Any financial institution required to submit a report pursuant to Code Section
19-11-30.2
which fails without reasonable cause as determined by the department to comply with such reporting requirements and which, after notification by certified mail or statutory overnight delivery by the department, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notification to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notification shall be liable for a penalty of $1,000.00.
Amended by 2002 Ga. Laws 951, § 13, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.6 - Reciprocal agreements with other states

The commissioner of human services, in cooperation with the child support enforcement agency, shall establish a program of wage and bank information sharing with other states. The commissioner is authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the child support enforcement agency. Such reciprocal agreements shall only be made with states which administer programs that the commissioner of human services, in consultation with the child support enforcement agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section
19-11-30.4
shall also apply to any such information received from any other state under a reciprocal agreement.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 14, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.7 - Construction

Code Sections
19-11-30
,
19-11-30.4
, and
19-11-30.6
shall not be construed to prevent the release by the commissioner of human services of such wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 15, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.8 - Annual reports

The commissioner of human services shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 16, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.9 - Information subject to disclosure; penalty

As an exception to Code Section
7-1-360
, a financial institution furnishing a report or providing information for the commissioner of human services under Code Section
19-11-30.2
shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the department; provided, however, that a financial institution may disclose to its depositors or account holders that under the bank match system the department has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the provisions of this Code section, such institution shall pay to the department the lesser of $1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the department pursuant to Code Section
19-11-30.2
or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the department or in a report furnished by the financial institution to the department.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 17, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.10 - Authority to levy and seize deposit

The child support enforcement agency shall have the authority to levy and seize a deposit or account in accordance with Code Section
19-11-32
.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-30.11 - Fee on levied accounts

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
.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 18, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-31 - [Repealed] Joint Study Committee on Child Support

Amended by 2010 Ga. Laws 624,§ 19, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-32 - Process to collect delinquent support accounts

(a)
Notwithstanding other statutory provisions which provide for the execution, attachment, or levy against accounts, the child support enforcement agency may utilize the process established in this Code section and Code Sections
19-11-33
through
19-11-39
to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to Code Section
18-4-6
shall also apply.
(b)
An obligor is subject to the provisions of this Code section and Code Sections
19-11-33
through
19-11-39
if the obligor's support obligation is being enforced by the child support enforcement agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the child support enforcement agency, are delinquent in an amount equal to the support payment for one month.
(c)
Any amount forwarded by a financial institution under this Code section and Code Sections
19-11-33
through
19-11-39
shall not exceed the delinquent or accrued amount of support owed by the obligor.
Amended by 2017 Ga. Laws 242,§ 1-24, eff. 7/1/2017.
Amended by 2014 Ga. Laws 669,§ 19, eff. 4/29/2014.
Amended by 2014 Ga. Laws 579,§ 12, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-33 - Notice

The child support enforcement agency may proceed under Code Section
19-11-32
, this Code section, and Code Sections
19-11-34
through
19-11-38
only if notice has been provided to the obligor in one of the following manners:
(1)
The obligor is provided notice of the provisions of this Code section in the court order establishing the support obligation. The child support enforcement agency or court or administrative law judge may include language in any new or modified support order issued on or after July 1, 1997, notifying the obligor that the obligor is subject to the provisions of Code Section
19-11-32
, this Code section, and Code Sections
19-11-34
through
19-11-39
; or
(2)
The child support enforcement agency may send a notice by regular mail to the last known address of the obligor.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-34 - Verification; immunity from liability

(a)
The child support enforcement agency may contact a financial institution to obtain verification of the account number, the names and social security numbers listed for the account, and the account balance of any account held by an obligor. A financial institution may require positive voice recognition and the telephone number of the authorized person from the child support enforcement agency before releasing an obligor's account information by telephone.
(b)
The financial institution is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for any information released by the financial institution to the child support enforcement agency pursuant to this Code section.
(c)
Neither the financial institution nor the child support enforcement agency is liable for the cost of any early withdrawal penalty of an obligor's certificate of deposit.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-35 - Initiation of administrative action for levy; required information in notice to financial institution

(a)
If an obligor is subject to the provisions of Code Section
19-11-32
, the child support enforcement agency may initiate an administrative action to levy against the account or accounts of the obligor. If notice has previously been provided pursuant to Code Section
19-11-33
, further notice is not required prior to such action.
(b)
The child support enforcement agency may send a notice to the financial institution with which the account is placed directing that the financial institution forward all or a portion of the moneys in the obligor's account or accounts to the child support enforcement agency or its collection services center. The notice shall be sent by certified mail or statutory overnight delivery.
(c)
The notice to the financial institution shall contain all of the following information:
(1)
The name and social security number of the obligor;
(2)
A statement that the obligor is believed to have one or more accounts at the financial institution;
(3)
A statement that, pursuant to the provisions of Code Sections
19-11-32
through
19-11-34
, this Code section, and Code Sections
19-11-36
through
19-11-39
, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the child support enforcement agency or its collection services center;
(4)
The maximum amount that shall be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed the obligor;
(5)
The prescribed time frame which the financial institution must meet in forwarding amounts;
(6)
The address of the child support enforcement agency which will process the moneys forwarded; and
(7)
A telephone number, address, and contact name of the child support enforcement office contact initiating the action.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-36 - Required information in notice to obligor

The child support enforcement agency shall notify an obligor subject to an administrative levy, as well as any other party known to have an interest in the account, of the action taken. The notice shall contain all of the following information:
(1)
The name and social security number of the obligor;
(2)
A statement that the obligor is believed to have one or more accounts at a specified financial institution;
(3)
A statement that, pursuant to the provisions of Code Sections
19-11-32
through
19-11-35
, this Code section, and Code Sections
19-11-37
through
19-11-39
, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the child support enforcement agency or its collection services center;
(4)
The maximum amount to be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed by the obligor;
(5)
The prescribed time frame within which the financial institution must comply;
(6)
A statement that any challenge to the action shall be in writing and must be received by the child support enforcement agency within ten days of the date of the notice to the obligor;
(7)
The address of the child support enforcement agency which will process the moneys forwarded; and
(8)
A telephone number, address, and contact name of the child support enforcement office contact initiating the action.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-38 - Required financial institution action

(a)
Upon receipt of a notice under Code Section
19-11-35
, the financial institution shall do all of the following:
(1)
Immediately encumber funds in all accounts in which the obligor has an interest to the extent of the debt indicated in the notice; and
(2)
Forward the moneys encumbered to the child support enforcement agency no sooner than 15 days and no later than 20 days from the date the financial institution receives the notice pursuant to Code Section
19-11-35
. Such money shall not be forwarded, however, if the child support enforcement agency notifies the financial institution of a challenge by an obligor or an account holder of interest. All encumbered moneys that are forwarded must be accompanied by the obligor's name and social security number, child support enforcement account number, and any other information required in the notice.
(b)
The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding of moneys to the child support enforcement agency. This fee is in addition to the amount of support due. In the event that there are insufficient moneys to cover the fee and the support due, the institution may deduct the fee amount prior to forwarding moneys to the child support enforcement agency or its collection services center, and the amount credited to the support obligation shall be reduced by the fee amount.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-39 - Computerized central case registry for support orders

(a)
The department shall create by contract, cooperative agreement, or otherwise a computerized central case registry for all support orders entered by any court or administrative tribunal of this state. All support orders obtained by the child support enforcement agency as well as those support orders not within the child support enforcement agency shall be registered in such data base. The department may enter into a cooperative agreement with the Administrative Office of the Courts so as to obtain information needed to create and maintain the state registry of support orders as required by federal law.
(b)
The registry of orders shall include the following information for each case: the full names of each party and minor child, the date of birth and social security number for each such person, the last known address for each person at the time the order was entered, the name of the county in which the order was entered, any and all case identification numbers, including civil action filing numbers and child support enforcement agency assigned case numbers, and any such information as may be later required under federal law.
(c)
In any case handled by the child support enforcement agency, the registry shall include payment records as well as the amount of child support liens. The payment record shall include:
(1)
The amount of monthly or other periodic support owed under the order and other amounts including arrearages, interest or late payment penalties, and fees due or overdue under the order;
(2)
Any amount described in paragraph (1) of this subsection that has been collected;
(3)
The distribution of such collected amounts;
(4)
The birth date of any child for whom the order requires the provision of support; and
(5)
The amount of any lien imposed with respect to a child support order.
(d)
The state agency operating the state case registry shall promptly establish and update, maintain, and regularly monitor case records in the state case registry with respect to which services are being provided by the child support enforcement agency. Services to be monitored include: information on administrative actions and administrative and judicial proceedings and orders related to paternity and support; information obtained from comparison with federal, state, or local sources of information; information on support collections and distributions; and any other relevant information.
(e)
The information contained in the state case registry shall be available to state and federal agencies as authorized by law for the enforcement of support orders. The information shall be available for data comparisons with case registries of other states.
Amended by 2017 Ga. Laws 242,§ 2-3, eff. 7/1/2017.
Amended by 2017 Ga. Laws 242,§ 1-26, eff. 7/1/2017.
Amended by 2014 Ga. Laws 579,§ 13, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-40 - Short title

This article may be cited as the "Uniform Reciprocal Enforcement of Support Act."
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-40.1 - Effective date for application of article

No new petition may be filed, nor may any type of proceeding be initiated, under this article on or after January 1, 1998. It is the intent of the General Assembly that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by the provisions of Article 3 of this chapter, the "Uniform Interstate Family Support Act." The provisions of this article shall apply only to proceedings pending prior to January 1, 1998.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-41 - Purposes of article

The purposes of this article are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-42 - Definitions

As used in this article, the term:
(1)
"Certification" means certification in accordance with the laws of the certifying state.
(2)
"Court" means the superior court of this state and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law.
(3)
"Initiating state" means any state in which a proceeding pursuant to this article or a substantially similar reciprocal law is commenced.
(4)
"Law" includes both common law and statute law.
(5)
"Obligee" means any person to whom a duty of support is owed.
(6)
"Obligor" means any person owing a duty of support.
(7)
"Register" means the entry of an order by a superior court of this state making a foreign support order a support order of this state.
(8)
"Registering court" means any superior court of this state in which the support order of the rendering state is registered.
(9)
"Responding state" means any state in which any proceeding pursuant to the proceeding in the initiating state is or may be commenced.
(10)
"State" includes:
(A)
The District of Columbia and any state, territory, or possession of the United States or any foreign jurisdiction in which this article or a substantially similar reciprocal law has been enacted; and
(B)
Any province or territory of the Dominion of Canada declared to be a reciprocating state by the Attorney General pursuant to Code Section
19-11-44
.
(11)
"Support order" means any judgment, decree, or order of support, whether temporary or final and whether subject to modification, revocation, or remission, regardless of the kind of action in which it is entered, provided that custody, visitation rights, property settlement, and all matters other than support are specifically excluded from enforcement under this article.