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-.06 - Periodic Review and Modification of Child Support Obligations

Current through Rules and Regulations filed through June 27,
				2024
(a) This Rule
				applies to periodic redeterminations of support requested under sections
				19-11-16 and
				19-11-17 of the Georgia Code as
				well as review and modification under section
				19-11-12 of the Georgia
				Code.
(b) The Department may
				conduct periodic redeterminations and reinvestigations of the ability of the
				parent to furnish support upon the receipt of an application for services from
				an obligor or obligee. An application for modification shall not be deemed to
				be received until the applicant submits all information required by the
				Department in the application packet. If either party requests redetermination
				under section
				19-11-17, the party shall be
				informed that Georgia law has changed since section
				19-11-17 was enacted and that,
				now, all redeterminations must proceed under section
				19-11-12 and this Rule.
(c) The Department shall notify the obligor
				and obligee of the opportunity for a review of their IV-D order at least once
				every three years in accordance with the provisions of O.C.G.A. §
				19-11-12 and these regulations.
				The Department, either parent, a nonparent custodian may request a review of
				the IV-D order for potential modification at that time by submitting an
				application for review and modification. If no review is applied for, no action
				need be taken by the Department prior to the expiration of the next applicable
				review period unless the case involves the receipt of TANF benefits - such
				orders shall, as mandated by federal law, be subject to mandatory review every
				three years without request.
(d)
				Where a child is born to an obligee and obligor who are already subject to a
				child support order being enforced by the Department, the procedures of this
				Rule may be utilized to add the child to the order by consent. If the obligor
				and obligee do not consent to adding the child to the order, the Department
				shall initiate a new civil action in superior court seeking to establish
				support for the new child and modifying the original order to add that child as
				a dependent covered by the order.
(e) When a review application is received,
				the Department shall notify the obligee and the obligor(s) at least 30 days
				before the commencement of the review of the local office undertaking the
				review unless notice is waived by the obligee and obligor(s). However, both the
				obligee and obligor(s) may be asked to submit necessary information during the
				aforementioned 30 day period. At the review, the child support guidelines
				codified at O.C.G.A. §
				19-6-15 shall be used to determine
				the appropriate amount of the child support obligation under the facts existing
				at the time of review. In determining whether a change in circumstances exists
				necessitating modification of a IV-D order, the Department shall consider the
				following:
(1) The Department may seek an
				upward modification if the calculated support award is a 15% or greater
				increase than the current support award with a minimum $ 25 per month increase.
				The Department may consider evidence that the obligor is underemployed or
				otherwise artificially suppressing income.
(2) The Department may seek a downward
				modification if the obligor is not underemployed and if the calculated support
				award would result in a 15% or greater decrease of the current support award
				with a minimum $25 per month decrease. The Department may consider evidence
				that the (1) obligor is medically certified disabled to work and such condition
				is expected to continue one year or longer; or (2) the obligor has experienced
				an involuntary loss of income in accordance with O.C.G.A. §
				19-6-15(j); or
				(3) the obligor has subsequently incurred an additional child support
				obligation.
(3) The Department may
				seek a modification requiring any obligor to procure health insurance for
				his/her child(ren) if health insurance is reasonably available to the obligor
				at reasonable cost. See O.C.G.A. §§
				19-6-15,
				19-11-26. If the IV-D order does
				not provide for the payment of uninsured medical expenses, modification will be
				sought to provide for medical support payments as appropriate under the
				circumstances of the case.
(4) The
				Department may seek a modification if, upon sentencing, the obligor will be
				incarcerated for more than 180 calendar days.