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-.03 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
(a) "Administrative
				Hearing" means the evidentiary hearing conducted by an administrative law judge
				("ALJ") appointed by the Office of State Administrative Hearings ("OSAH") in
				accordance with these Rules, any rules promulgated by OSAH, and the statutory
				provisions of the Georgia Administrative Procedure Act.
(b) "Administrative Procedure Act" means that
				law codified at Official Code of Georgia sections
				50-13-1 through
				50-13-23.
(c) "Arrearage" means an amount of money
				calculated by the Department or a court representing the total amount of
				support owed less the actual amount of support paid by an obligor. An obligor
				who is "in arrears" is subject to any administrative or civil enforcement
				action allowed by law.
(d) "Child
				support" means any periodic or lump-sum payment of cash as well as the duty to
				provide health insurance on behalf of a child or to pay for uninsured medical
				expenses of a child or any other obligation imposed or imposable under
				Georgia's child support guidelines (see O.C.G.A. §
				19-6-15).
(e) "Child support obligation" means any
				obligation of support imposed or imposable by law, court or administrative
				order, decree or judgment or administrative decision.
(f) "Consent agreement" means an agreement
				entered into between the Department and one or more obligors setting forth the
				obligor's child support obligation.
(g) "Consent order" means the order issued by
				the administrative law judge based on a signed consent agreement.
(h) "CSRA" refers to Georgia's "Child Support
				Recovery Act," codified at sections
				19-11-1 through
				19-11-39 of the Official Code of
				Georgia Annotated. The CSRA is the enabling legislation of the
				Department.
(i) "Department" means
				the division within the Georgia Department of Human Services which provides and
				administers child support services under the IV-D program.
(j) "Enforcement" refers to the entire array
				of administrative or civil actions available to the Department to collect child
				support or an arrearage from one or more obligors.
(k) "Enforcement deferral" is a
				non-contractual writing between the Department and the obligor providing that
				the Department shall voluntarily refrain from taking specified enforcement
				actions so long as the obligor is making payments in accordance with the
				schedule specified in the document.
(l) "Establishment" means the process,
				whether administrative or civil, of the determination of paternity and the duty
				of a parent or parents to pay child support.
(m) "FIW" means either an income deduction
				order issued by a court pursuant to O.C.G.A. §
				19-6-30 et seq. or an
				administrative order for income withholding issued by the Department pursuant
				to section
				19-6-32. FIW is also an acronym
				for the federally-issued "Federal Income Withholding" form (OMB Form #
				0970-0154) which must be utilized by all IV-D agencies.
(n) "Foreign order" means an order issued by
				a court or an administrative entity located in a jurisdiction other than
				Georgia, including other countries if the United States government or Georgia
				has a reciprocity agreement with said country.
(o) "IV-D order" means any order or judgment
				of a court of this state, any order or judgment of a court of another state or
				any administrative decision of this state issued under O.C.G.A. §
				50-13-1 et seq. or any final
				administrative decision or order of another state setting forth an obligation
				to pay child support if a proper person has either applied for services from
				the Department or has received public assistance.
(p) "Modification" refers to either the
				administrative or civil process of reviewing a child support order and then
				seeking a court order adjusting the original child support order. Modification
				is triggered when a support order:
(1)
				provides for a support amount which is no longer consistent with the provisions
				of O.C.G.A. §
				19-6-15; or,
(2) contains a legal defect of any sort which
				the Department deems necessary to correct to make an order fully enforceable
				under the laws of this state; or,
(3) requires the inclusion of medical support
				when available at reasonable cost. Review and modification may also be
				triggered by the mere passage of time if the obligee or child is receiving
				public assistance.