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-.04 - Establishment of Child Support Obligation

Current through Rules and
				Regulations filed through June 27, 2024
(a) Initial investigation. In cases in which
				no child support order already exists, the Department may conduct an
				investigation in accordance with O.C.G.A. §
				19-11-10 to determine the ability
				of a putative obligor to support his/her child(ren). The Department will
				calculate the amount of the support award based on the standards set forth at
				O.C.G.A. §
				19-6-15. If paternity is
				contested, the Department shall pursue a determination of paternity as
				permitted by law.
(b) Genetic
				Testing
(1) In accordance with Georgia law as
				amended in 2015, genetic testing will be required in any case in which
				paternity is at issue and paternity has not previously been established. In
				such instances, the Department will issue an order for genetic testing, which
				will be provided to both putative parents of the child at issue. The order
				shall specify the time and place for genetic samples to be obtained. An
				applicant for services who fails to comply with the order for genetic testing
				is failing to cooperate with the Department, and his/her case is subject to
				administrative closure. An application will not be deemed complete unless
				accompanied by an applicant's sworn statement alleging or denying paternity.
				The sworn statement is required by law, O.C.G.A. §
				19-7-43. A defendant in a
				paternity case who fails to comply with the departmental genetic testing order
				shall be held to have waived any right to genetic testing in the case or in any
				proceedings involving the Department. The Department may initiate litigation
				prior to the completion of genetic testing, in which case the testing shall
				take place as ordered by the court. Genetic testing will not be pursued in
				cases involving adoption or the use of reproductive assistance techniques which
				would negate biological relations (such as embryo donation, egg donation, sperm
				donation, etc.). The cost of genetic testing shall be cast upon the defendant
				if the results show that the defendant is the biological parent of the
				child.
(2) Any genetic material
				collected for a paternity test shall be destroyed by the Department and any
				contractor, vendor, or laboratory authorized to do testing for the Department
				no earlier than one year but no later than two years from the date that the
				result of such test is transmitted to the Department. The Department may extend
				this period of time if needed due to a continuing court action or legal dispute
				by notice to the contractor, vendor, or laboratory. Neither the Department nor
				any contractor, vendor, or laboratory authorized to do testing for the
				Department may share the genetic material with any other person or agency, or
				use the genetic material for any purpose other than the determination of
				paternity. The contractor, vendor, or laboratory must agree to comply with
				terms and conditions set forth within a contract for services with the
				department including but not limited to liquidated damages due to the improper
				release, use, or failure to destroy information or materials associated with
				paternity testing services.