Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-7 - OFFICE OF CHILD SUPPORT RECOVERY › Subject 290-7-1 - RECOVERY AND ADMINISTRATION OF CHILD SUPPORT › Rule 290-7-1-.10 - Issuance of Orders for Income Withholding

Current through Rules
				and Regulations filed through June 27, 2024
(a) The Department is authorized by law to
				issue an order for income deduction without need for any amendment to the order
				involved or any further action by the court or entity that entered the order.
				The Department shall utilize the "FIW" or Federal Income Withholding form when
				issuing such an order for income deduction, as required by federal regulations.
				The FIW shall be issued immediately after entry of a child support order in any
				case wherein the obligor is currently employed. The obligor is responsible for
				direct payment of support (to the Department's family support registry) between
				the effective date of the order and the issuance of the FIW. The Department may
				adjust the starting date of an order to coincide with the issuance of the FIW
				at its discretion. For example, if the putative obligor and the obligee both
				consent to a support order on June 1, the Department may make the support
				obligation effective on July 1 in order to ensure that the FIW is implemented
				prior to the first support payment coming due.
(b) Copies of the support orders, which
				include a provision for income deduction, issued by the Department shall be
				mailed to the obligee and obligor. All obligees and obligors are required to
				notify the Department of any change of residential address; obligors must also
				inform the Department of any change in employment. The failure by an obligor or
				obligee to notify the Department of a change of address will be deemed to waive
				the notice requirement of this Rule with regard to that person.
(c) The enforcement of the order for income
				deduction may only be contested on the ground of mistake of fact regarding the
				amount of support owed pursuant to a support order, the amount of the
				arrearages, or the identity of the obligor.
(d) A person wishing to contest the
				enforcement of an income withholding by the Department on one of the grounds
				listed above must request an administrative hearing within 14 days of the
				mailing date of the notice of income deduction. The request for hearing must be
				mailed to the DCSS office that issued the FIW The request for a hearing does
				not stay enforcement of the withholding unless the administrative law judge
				enters an order granting relief for good cause shown.
(e) An administrative hearing and any appeal
				therefrom under this Rule shall be held in accordance with the procedures set
				forth at Rule
				290-7-1-.19.
(f) The Department is authorized to add
				arrears repayment amounts ordered by a superior court or OSAH, as well as
				amounts sufficient to cover any fees owed by the obligor under these
				Rules.
(g) Employers
(1) An employer receiving an FIW may collect
				up to $25 against the obligor's income to reimburse the employer for
				administrative costs for the first income deduction and up to $3.00 for each
				deduction thereafter. The employer may not impose or deduct any other fee for
				complying with the FIW.
(2) Any
				payor subject to an FIW or Order to Withhold and Deliver may not discharge or
				terminate an obligor by reason of the fact that income has been subjected to
				income withholding. The Department is authorized to impose civil penalties
				against any payor who violates this provision.
(3) Employers are hereby informed that an FIW
				has priority over all other legal processes under state law pertaining to the
				same income. Payment as required by the FIW is a complete defense by the payor
				against any claims of the obligor or his creditors as to the sum paid. See
				O.C.G.A. §
				19-6-33(e)(9).
(4) The Department may issue the FIW
				electronically to those employers which have implemented electronic income
				withholding through the U.S. Department of Health & Human Services Office
				of Child Support Enforcement. Receipt of the electronic income withholding
				order constitutes receipt of all notices to payors required by code section
				19-6-33.