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-.02 - Purpose and General Provisions

Current through Rules and
				Regulations filed through June 27, 2024
(a) The purpose of these rules is to specify
				procedures for the establishment and enforcement of child support obligations
				as authorized and required by certain laws of Georgia, including but not
				limited to, the "Child Support Recovery Act" ("CSRA"), codified at sections
				19-11-1 through
				19-11-39 and the "Uniform
				Interstate Family Support Act," codified at sections
				19-11-100 through
				19-11-191.
(b) In compliance with State and Federal
				Laws, the Department of Human Services hereby operates a program for locating
				parents or putative parents, establishing paternity, establishing or modifying
				support obligations, enforcing support obligations, and collecting child
				support. The program shall operate in accordance with the requirements of Title
				IV-D of the Social Security Act, applicable requirements of Title IV-A of the
				Social Security Act, and applicable State law. The program will cooperate with
				other states by providing assistance in carrying out program
				functions.
(c) When carrying out
				its child support responsibilities, the Department proceeds on behalf of the
				child or children involved. Neither the Department nor its attorneys (including
				Assistant District Attorneys and Special Assistant Attorneys General) represent
				any recipient of child support enforcement services nor any person who has
				applied for services. The submission of an application for services does not
				create a contractual relationship between the Department and any person or
				persons.
(d) The Department will
				provide services or activities required to be provided and described in Title
				45 of the Code of Federal Regulations, Chapter III, Part 302 and Part 303. Any
				optional services or activities specified in Part 302 or Part 303 may be
				provided where, in the Department's sole discretion, on a case by case basis
				its application is determined to further the goals of the child support
				program. The aforementioned federal regulations are hereby adopted by these
				Rules by specific reference.
(e)
				Pursuant to section
				19-11-24 of the Official Code of
				Georgia Annotated, conformity with federal law is required and the Department
				is specifically authorized by Georgia law to "adopt regulations necessary to
				prevent conflict with federal law or the loss of federal funds."
(f) The Department is categorically
				unauthorized to address issues of custody or visitation. Thus, in any action
				initiated by the Department pursuant to the CSRA or the Uniform Interstate
				Family Support Act ("UIFSA"), the action shall be limited solely to the issue
				of support and shall exclude issues of visitation, custody, property
				settlement, or other similar matters otherwise joinable by the parties. A court
				proceeding under UIFSA may not condition the payment of a support order upon
				compliance by a party with provisions for visitation. The sole exception to
				this provision shall be in an action involving the enforcement or modification
				of a child support order containing a "parenting time" deviation entered under
				O.C.G.A. §
				19-6-15(i)(2)(K).
(g) The "child support guidelines" of Georgia
				are established by the General Assembly and are published at section
				19-6-15 of the Official Code of
				Georgia Annotated and must be considered by all courts and administrative
				tribunals in any proceeding involving child support.
(h) In any administrative hearing held
				pursuant to these Rules, the procedural rules of the Office of State
				Administrative Hearings apply, except where an applicable federal or state law
				or a federal regulation would require that a different procedure be
				applied.
O.C.G.A. Secs.
				  19-11-1 through
				  19-11-39,
				  19-11-100 through
				  19-11-191,
				  50-13-1 through
				  50-13-11; 42 U.S.C. Secs, 651
et seq
., 663;
				  45 C.F.R. Secs.
				  205 -
				  235,
				  301-306.