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Georgia State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
There are 59 local child support offices and 9 County offices administered by the County District Attorney.
2. What is the name of your IV-D agency?
Department of Child Support Services(DCSS)
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Both Paternity and support order establishment. Modification of underlying administrative orders only. Various enforcement tools including but not limited to Income Withholding, license suspension, liens, etc. Orders, Unemployment Compensation Intercept, Withhold and Deliver, FIDM and Workers Compensation liens, federal and state tax offset, lottery. URL: http://www.lexisnexis.com/hottopics/gacode/default.asp A contempt action may be filed, generally as a last resort, when all other enforcement actions have failed.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes, we use all three applications.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Age 18: Support order entered after 7/1/92 may provide for the extension of child support to age 20, if the child is still in high school. O.C.G.A. 39-1-1
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Age 18 unless specified otherwise.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
Yes, Support order entered after 7/1/92 may provide for the extension of child support to age 20, if the child is still in high school. O.C.G.A. 39-1-1
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes, if specified in an order. Orders issued by DCSS state that support may continue to age 20 if the child is enrolled in secondary school (high school). Other examples in private orders might include extraordinary medical needs, handicapped, etc.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
GA law OCGA 19-6-15(e) and 19-7-2. the duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No, child support does not generally end when a child marries, enters the military and other similar actions. The court makes this determination for issues other than those mentioned.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No. However, some GA DCSS orders have language that reduces support as each child emancipates, but only those orders issued after 2005.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No. See GA law O.C.G.A. 19-6-15(e)

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
None for child support or spousal support pursuant to O.C.G.A. 9-12-60(d) for orders issued on or after July 1, 1997.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Paternity must be established before the child's 18th birthday.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
A judgment becomes dormant after 7 years in GA - and can be "revived" for 3 more years.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Guidelines effective January 1, 2007, follow a shared income model under Georgia code section O.C.G.A. 19-6-15. Orders prior to that date were based on a percent of the non-custodial parent's gross income.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes, 12% per year through December 31, 2006. 7% per year effective January 1, 2007. The lower interest rate change was not retroactive. See O.C.G.A 7-4-2, 19-11-7 (e), and 19-11-163
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
Yes, prior to 12/31/2006, Georgia orders accrued interest at the rate of 12 percent per year. The interest rate was lowered to 7 percent per year effective January 1, 2007. This change is not retroactive.GA DCSS will enforce interest on a foreign order that is registered in GA, however for orders issued in GA, DCSS only enforces interest on orders established by DCSS
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
No, we will not attempt to enforce a medical support debt unless previously reduced to a dollar amount in a judgment.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
For information regarding Georgia's Intergovernmental Forms Requirements, please visit the "For Intergovernmental Agencies" under the General Information section of the GA DCSS website: http://dcss.dhs.georgia.gov/georgia-uifsa-requirements
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
For information regarding Georgia's Intergovernmental Forms Requirements, please visit the "For Intergovernmental Agencies" under the General Information section of the GA DCSS website: http://dcss.dhs.georgia.gov/georgia-uifsa-requirements
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes. If a case remains active, DCSS will continue enforcing the order for the custodian in the order.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
No.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
97% or higher.
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
Pursuant to O.C.G.A. 19-7-46.1 when both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. After the 60 day rescission period specified in subsection(b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown.
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes, by clear and convincing contrary evidence provided by the husband. O.C.G.A. 19-7-20
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No, the father's name on the birth certificate does not constitute a conclusive presumption of paternity. GA law O.C.G.A. 19-7-46.1.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
Yes, a presumption exists if the putative father signed the Voluntary Acknowledgment of Paternity, and his name is on the birth certificate. When the mother is married, the husband is presumed to be the father.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
The Georgia Department of Public Health, Office of Vital Records. https://dph.georgia.gov/ways-request-vital-record/putative-father-registry
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
A request for a copy of a birth certificate or Voluntary Acknowledgment of Paternity should be sent to dcsspolicy-paternity@dhs.ga.gov . The request should be on your agency's letterhead attaching the template found at https://childsupport.georgia.gov , under legal resources, for Intergovernmental cases, GA UIFSA requirements. You will also need to include a copy of your state Photo ID with each request. One request per email, please. Fee charged for certified copies. See #9 below.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes, Vital Records charges $25.00 for birth certificates and each additional copy of the same document is $5. A copy of a Voluntary Acknowledgment of Paternity is $10.00.The only waiver is for GA DCSS attorneys when the document is needed for a court hearing.
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9.1. Describe any circumstances under which these fees may be waived?
The only waiver is for GA DCSS attorneys when the document is needed for a court hearing
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
No, Common Law marriage has not been recognized since January 1997
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
1. Parties were able to contract marriage; 2. There was an actual contract; 3. Must have been consummated according to law. Codified in 1983
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
One intergovernmental packet with a separate Declaration in Support of Establishing Parentage forms for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Combined process
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
In those circuits where court time is limited, the administrative process is used. O.C.G.A. 50-13-40 and the Office of State Administrative Hearings Rules, Chapter 616
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
Each circuit determines the best course of action to take. O.C.G.A. 19-7-40, 19-7-43, 19-7-45 thru 19-7-50
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
Custodial Parent
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2.1. What documentation is required as proof/evidence of this information?
See Georgia Law O.C.G.A. 19-6-15
3. What criteria for rebutting your presumptive guidelines have been established in your state?
By a finding that: 1. shows the guidelines in a particular case are unjust or inappropriate; 2. states the amount that would have been required by the guidelines; 3. justifies why the order varies from the guidelines.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
No
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
N/A
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Georgia's guidelines for establishing support pursuant to O.C.G.A.19-6-15 do not provide for support for prior periods.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
Not when the child is receiving TANF or Medicaid benefits.
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5.1. What about when public assistance is not being expended?
In non-TANF cases, legal guardianship or custody is required.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
The other state should request modification.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
Yes. On non-TANF or Medicaid only cases legal guardianship or custody is required.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
TANF, SSI, VA Disability
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes, refer to Georgia Law, O.C.G.A. 19-6-32.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No.
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2.2. What are the withholding limits for non-employees?
50% - 65%; 50% for Orders to Withhold and Deliver
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
One time set-up of $25; $3 for each subsequent deduction
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
Yes, there is a charge of 5% per total deduction or $1.50, whichever is less per pay period
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
Mailing of an income withholding.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
No later than the 1st pay period that occurs after 14 days following the date the Notice was mailed.
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6. When must an employer remit amounts withheld from an employee's pay?
Within 2 working days of each payment date.
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7. What are your state's sanctions for employers for not implementing income withholding?
Georgia law provides that if the employer willfully fails to deduct, they are liable for the amount that they should have deducted plus any court costs, interest, and attorney fees.
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7.1. What are the penalties to an employer for failure to remit payments withheld?
No penalty imposed by the IV-D agency. The court may impose costs, interest and reasonable attorney's fees. For additional information, refer to Georgia Law, O.C.G.A. 19-6-33
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
Yes, If the NCP lives in GA, income withholding of UI benefits can be requested through an interstate action under UIFSA by submitting a full petition packet for a two-state case to the Georgia Central Registry. Direct requests can be sent to GA Dept. of Labor for a fee. Bypassing a two-state case will require a $52 processing fee to be paid to: Georgia Department of Labor, 148 Andrew Young International Blvd N.E., Suite 900, Atlanta GA 30303-1757.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
N/A.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes, see Ga. Comp. Rules and Regulations 290-7-1.17(h) http://rules.sos.state.ga.us/gac/290-7-1
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
N/A
10. How does a noncustodial parent contest an income withholding in your state?
Obligor may request an administrative or judicial hearing at any time. Such requests do not halt enforcement actions.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Employers should deduct payments for all orders prorating total deduction amounts across all orders up to the federal Consumer Credit Protection Act limits.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
State law does not require any mandatory deductions from gross income. See Georgia Law, O.C.G.A 19-6-15
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13. When does your state require the employer to send notice of an employee's termination?
Upon separation from employment.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
According to our distribution matrix, current support is paid first. Once the current support ordered amount is satisfied for the month, then the remaining balance of the payment or subsequent payments received during the same month are prorated and applied to the arrears owed on the case. Proration is based on the arrears support ordered amount and then the arrears balances.
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No, the state will not participate in the pass-through provision for Current Assistance cases under section 457(a)(7)(B) of the ACT, as amended by DRA.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No, the state will not participate in the pass-through provisions for Former Assistance cases under section 457(a)(7)(A) of the Act, as amended by the DRA.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
The state continues to distribute all collections according to PRWORA distribution, i.e. former section 457 (a)(2)(B) of the Act as in effect prior to 10/1/09.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
According to our distribution matrix, current support is paid first. Once the current support ordered amount is satisfied for the month, then the remaining balance of the payment or subsequent payments received during the same month are prorated and applied to the arrears owed on the case. Proration is based on the arrears support ordered amount and then the arrears balances.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
Distribution follows federal law and regulations and is also addressed in Ga. Comp. Rules & Regulations. r. 290-7-1-.15(a).
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Georgia does not participate in AEI.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
N/A
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
Initiating interstate cases are excluded from the referral. The responding state does the reporting. If another state reports the same debt, a CSENET or letter is mailed to ask the initiating state to cease reporting. The threshold for automatic referral is a case with a total arrears greater than or equal to $3000.00 per case. Interest is excluded in the referral amount
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Innovis
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
Please see GA law OCGA 19-11-25 regarding notice to noncustodial parent.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes, the minimum required past-due amount for TANF - $150; Non-TANF - $500.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes, must have an arrears balance of at least $500.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
No.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes, Georgia DCSS sends the CSLN vendor all NCP cases that meet FTAX criteria.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
No.
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16. Is the financial institution attachment process in your state centralized and/or automated?
The process is not centralized. Forms are automated after manually selected by case manager.
17. What are the criteria to attach an account in a financial institution in your state?
Two months delinquency of current support to be eligible for FIDM lien.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
Yes, Ga. Comp. Rules and Regulations 290-7-1.17(h)
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
N/A
20. Does your state's income withholding definition include amounts in financial institutions?
No.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes, the state notifies the NCP when attaching an account in a financial institution.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
The financial institution has 20 days to send assets to the child support agency.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Yes, see Georgia Law, O.C.G.A. 19-11-37. The timeframes are included in the statute
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
Administratively reviewed for a minimum balance of $2000.00 in checking account and a minimum balance of $500.00 in all other financial accounts. The amount is not different for joint accounts
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
Mistake of identity or delinquent amount (seized amount) only.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
No.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
All Account Balances are equal to or greater than two times each Support Order Amount.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
When all account balances are below the suspension threshold, automated notice is transmitted to the Department of Driver Service. Obligors who can show that they are willing but unable to pay their court ordered child support obligation may have their license suspension lifted by an administrative law judge.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
No.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
Must be an active IV-D case with a Civil or Administrative order with an arears balance of at least 2 months of support and lack of payment or inconsistent payment history in previous 2 months. license as defined in OCGA 19-11-9.3(a)(7)
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
The NCP can negotiate a settlement or request an administrative hearing within 20 calendar days of receipt of notice of intent to suspend. The court will either uphold or deny the suspension. See GA law OCGA 19-11-9.3(f)(1)
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
Must be an active IV-D case with: A private superior court contempt order contains language that authorizes DNR to deny or revoke a license in accordance with O.C.G.A. 27-2-25.2 A DCSS superior court contempt order contains a finding that the NCP is in arrears in an amount equal to or greater than the support due for 60 days.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
When an NCP pays the balance due on all cases or the court orders the release subject to any additional requirements of the licensing entity.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No.
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36. What are the criteria for initiating/filing a lien in your state?
Arrearage equal to 1 month support payment
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Both, liens are filed in the county of the real or personal property at the County Recording Office. There is no fee for filing a lien.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes, the process is both administrative and judicial. Liens are filed in the county of the real or personal property. See GA law OCGA 19-11-18.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes, Administrative. Effective September 1, 2004, Georgia began deducting an administrative processing fee of $12.00 from any state tax intercept received by the state. These fees are over and above the support owed and paid for out of the tax refund.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes, Lottery winnings GA Law-OCGA 50-27-50 thru 50-27-55
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
Contempt

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Every three years. Parties must show a substantial change in circumstances for more frequent reviews. For TANF cases, upon the written request of either party or at the discretion of the IV-D agency. For Non-TANF and Medicaid applicants, only upon the written request of either party
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2. What is your state's modification procedure? Briefly describe.
Parties are provided notice of the review and requested to provide financial and other information. Agency reviews information provided by parties and gathers from other sources to determine gross income, number of children for whom support is provided and any special circumstances that would require a deviation from the guidelines. If the case does not meet the 15% and $25 minimum requirement for an increase or decrease, agency issues a no change Recommendation. The agency sends its' Recommendations for an increase or decrease in the support amount to the Office of State Administrative Hearings (OSAH) for administrative orders, or to the court for judicial orders. Parties are notified and afforded rights to contest. For judicial orders, the court issues an order for modification. Special Note: In order for Georgia to modify an order, the requesting state must request full services
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
Both a 15% and a $25 minimum increase or decrease in the current support amount for orders older than 36 months. For more frequent reviews, the requesting party must show a substantial change in circumstances. Special Note: In order for Georgia to modify an order, the requesting state must request full services
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
See responses below
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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
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4.4. The cost of living has changed.
No
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
4.6. There has been a substantial change in childcare expenses.
No.
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
In addition, the change in circumstances is expected to last at least one year; the change in circumstances was not voluntary; a disability must be medically certified.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
No.
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
Georgia does not define a lump sum payment. Any payment to an individual is defined as earnings. O.C.G.A. 19-6-33
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
Employers may be required to report and withhold lump sum payments such as bonuses, commissions, or severance pay if that language is included in the court order. O.C.G.A 19-6-33
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
Order to Withhold and Deliver. Notice of Garnishment. If the court order contains language regarding garnishments as an enforcement remedy and the underlying order setting support does not include bonuses/commissions, the Notice of Garnishment is used. If the court order does not contain this language and the underlying order setting support does not include bonuses/commissions, the Order to Withhold and Deliver is processed.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
Yes, the IV-D agency collects standardized administrative costs and does not treat any amount collected from the individual as a recovery of costs except amounts which exceed the current support owed by the individual under the obligation. The IV-D agency notifies, either the individual who is receiving IV-D services or the individual who owes a support obligation that such recovery will be made. The person requesting a modification review will have to pay a $100 non-refundable review application fee when the review is complete unless they are currently receiving TANF (Temporary Assistance for Needy Families) and/or Medicaid benefits or they prove that their non-TANF gross income before taxes is $1000 or less per month. The Respondent pays court costs, which vary by county, as well as service costs.(OCGA 19-11-132). Either party may be assessed the genetic testing fee OCGA 19-7-43(f). The Respondent shall pay any applicable Family Support Registry (FSR) fee for each payment pursuant to OCGA 19-6-33.1 (j). The Respondent pays the $25 tax offset fee.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
It is recovered from the parent who owes a support obligation to a non-IV-A family receiving services under this section in accordance with 45 CFR 302.33(d); or recovered from either the former IV-A recipient; former Medicaid recipient; or former title IV-E foster care recipient or the individual who has filed an application for IV-D services, in accordance with 45 CFR 302.33(d).
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
No, If the interstate request asks for fees, the parent may be notified when the initiating state asks for them to be collected. That way if the other state's arrears balance differs, it may be the cause and the parent will be advised of such
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
See responses below
3.1. Is it retained by the state from support collected?
Yes, Effective October 1, 2018, an annual maintenance $35.00 fee is collected for each never TANF case where the State has collected at least $550.00 of child support. O.C.G.A 19-11-6 (f) The department shall retain such fee and deduct such fee from child support collections before disbursement to the obligee. (g) Income withholding as well as by any other enforcement remedy available to the IV-D agency responsible for child support enforcement.
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No.
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
Must have an arrears balance of at least $500
3. What process does your state use to intercept insurance payments?
We use Federal Income Withholding and Administrative Lien to intercept insurance payments.
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4. How does another state initiate and intercept collections from your states workers compensation agency?
Through the Federal Income Withholding Administrative Lien form and by interfacing between DOL and DCSS.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
No.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
No.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
No.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
No.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
CSE Transmittal #3 to Central Registry. A case on GA's system is required. The CSE Transmittal #3 is forwarded to the local office to acknowledge and process. If no case exists on our system, the requesting state will have to request through the GA Clerk of Court. There could possibly be a cost for the request. It depends on the Clerk of Court
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2. What are the procedures and associated costs for obtaining a certified payment record?
Send the CSE Transmittal #3 to Central Registry. A case on GA's system is required. The CSE Transmittal #3 is forwarded to the local office to acknowledge and process. There could possibly be a cost for the request. It depends on the Clerk of Court.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
O.C.G.A. 19-11-100 through 19-11-191
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2. How does your state define the tribunal (See UIFSA 103)?
Tribunal is defined as a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. O.C.G.A. 19-11-101(29)
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
For information regarding Georgia's Intergovernmental Forms Requirements, please visit the "For Intergovernmental Agencies" under the General Information section of the GA DCSS website: https://childsupport.georgia.gov/document/document/georgia-uifsa-requirementspdf/download (Please copy and paste this link to Chrome.)
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
Please see the response for #3 above.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Georgia has agreements with Germany and Mexico.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes, Georgia allows an abstract (or summary) of the Convention support order to be sent on the Hague form for registration for registration purposes. The Official Code of Georgia Annotated O.C.G.A 19-11-141.1(b)(1) states that the request for the registration of a convention support order must be accompanied by:(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which maybe in the form recommended by the Hague Conference on Private International Law
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Childcare expenses, Extra-curricular activities, Attorney's fees, Cash medical support, Extraordinary expenses. Extraordinary expenses are in excess of average amounts estimated in the child support obligation table and are highly variable among families. Extraordinary expenses shall be considered on a case-by-case basis in the calculation of support and may form the basis for deviation from the presumptive amount of child support so that the actual amount of the expense is considered in the calculation of the final child support order for only those families actually incurring the expense. Extraordinary expenses shall be prorated between the parents by assigning or deducting credit for actual payments for extraordinary expenses. OCGA 19-6-15
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
No.
6. What circumstances will cause your state to end child support before the normal duration?
The child emancipates before the normal duration The child marries The child enters into military service prior to the normal duration The child is adopted by someone other than the non-custodial parent
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments may be by check Payments may be by electronic funds transfer
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
All payments are processed through a designated authority All payments are processed upon receipt
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
No.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No.