Home Page   Services   About Us   Testimonials Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Georgia State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated, with some County Operated A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 65 local child support offices. A3. With what types of agencies do you have cooperative agreements? 9 County offices administered by the county District Attorney. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? No. A4.1. If yes, what is the statutory citation? N/A For Additional Information - No Link Provided A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No. A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 7/1/1997   B2. What is the effective date of your State's UIFSA? 1/1/1998     B3. What is the statutory citation for your State's Act? O.C.G.A. 19-11-100 through 19-11-180 For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 version B4.1. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA. For information regarding Georgia's Intergovernmental Forms Requirements, please visit the "For Intergovernmental Agencies" section of the GA DCSS website: http://ocse.dhr.georgia.gov. C. Reciprocity C1. With what foreign countries does your State reciprocate? The Federal OCSE website shows the updated listing of countries with which the United States has reciprocating agreements: http://www.acf.hhs.gov/programs/cse/international/index.html Also, Georgia has a agreed reciprocity with Germany. C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. N/A D. Age of Majority D1. What is the age of majority in your State? 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. D2. What is the statutory citation for the age of majority? O.C.G.A. 39-1-1 For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp D3. 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. D4. Does the date of the order impact what law is applied? Yes D4.1. If yes, please explain. Refer to D1 D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. The answer to D5 generally relates to a child who marries, enters the military and other similar actions. The court makes this determination for issues other than those mentioned. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. If specified in an order. Orders issued by OCSS 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. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure. Some GA OCSS orders have language that reduces support as each child emancipates, but only those orders issued after 2005. E. Statute of Limitations E1. What is your State's statute of limitations for 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. E2. What is your State's statute of limitations for paternity establishment? Paternity must be established before the child's 18th birthday. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp E3. Is dormancy revival/renewal possible? Yes  E3.1. Please explain the circumstances when possible, and the length of time possible. A judgment becomes dormant after 7 years in GA - and can be "revived" for 3 more years. F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and 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. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? Statutory rate 12% effective July 1, 1996 F2.1. If yes, please indicate the amount of interest charged and any related conditions. 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 OCSS will enforce interest on a foreign order that is registered in GA, however for orders issued in GA, OCSS only enforces interest on orders established by OCSS.  F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions. N/A F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. 12% per year through December 31, 2006. 7% per year effective January 1, 2007. The lower interest rate change was not retroactive. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? No   F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? No F5.1. If yes, under what circumstances? We will not attempt to enforce a medical support debt unless previously reduced to a dollar amount in a judgment.   F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes   F6.1. If yes, what costs are recovered from/fees charged to the obligee? Review and Modification Fee: Effective July 1, 2007, Georgia OCSS policy requires a $100.00 "non-refundable" Modification Review application fee. This fee applies to in-state and interstate cases, unless exempt. The requesting party and/or state will be notified if the Modification fee is required. Annual Maintenance Fee: Effective October 1, 2007 an annual maintenance $25.00 fee is collected for each never TANF case where the State has collected at least $500.00 of child support. F6.2. What costs are recovered from/fees charged to the obligor? Georgia deducts a $15.00 administrative processing fee against the federal tax intercept collection received by the state.   F7. Does your State recover costs on behalf of the initiating State? No F7.1. Optional comments regarding recovering of initiating State's fees. 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. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. O.C.G.A. 19-7-41 and 19-11-110 For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp  F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? We enforce spousal support only when the custodian's child is simultaneously receiving child support services. When the child emancipates, we no longer enforce spousal support. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. This may vary from one circuit to the next. If required, a request will be sent to the other state initiating the UIFSA action. F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? 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. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes. F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? Yes. O.C.G.A 19-11-6 (f) $12 to be paid at the rate of $1.00 per month after the IV-D agency has collected $500 of child support annually for each case. F11.3. Does your State collect the fee from the absent parent? Yes. O.C.G.A 19-11-6 (g) $13 to be paid in 12 monthly installments after the IV-D agency has collected $500 for child support annually for each case. F11.4. Does your State pay the fee out of its own funds? No F12. When will your State implement the required DRA limited-assignment provision? The State will implement the assignment requirement pursuant to section 408(1)(3) of the Act, as amended by the DRA of 2005 on October 1, 2009. F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? 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.) F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? 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. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? The State does not participate in the optional provision of discontinuing assignments of arrearages. F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? 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. F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? Same for all types of cases. For information regarding Georgia's Intergovernmental Forms Requirements, please visit the "For Intergovernmental Agencies" section of the GA DCSS website: http://ocse.dhr.georgia.gov. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? Same for all types of cases. For information regarding Georgia's Intergovernmental Forms Requirements, please visit the "For Intergovernmental Agencies" section of the GA DCSS website: http://ocse.dhr.georgia.gov. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? Same for all types of cases. For information regarding Georgia's Intergovernmental Forms Requirements, please visit the "For Intergovernmental Agencies" section of the GA DCSS website: http://ocse.dhr.georgia.gov. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? O.C.G.A 19-11-6 (f) $12 to be paid at the rate of $1.00 per month after the IV-D agency has collected $500 of child support annually for each case. (g) $13 to be paid in 12 monthly installments after the IV-D agency has collected $500 for child support annually for each case. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Deduction Order (IDO). O.C.G.A. 19-6-30 & O.C.G.A. 19-6-32 G2. What specific source of income is not subject to withholding? TANF, SSI, VA Disability For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? N/A G4. What is the allowable fee per pay period for processing income withholding payments? One time set-up of $25; $3 for each subsequent deduction. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? No later than the 1st pay period that occurs after 14 days following the date the Notice was mailed. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within 2 working days of each payment date. G7. What are your State's procedures for sanctioning 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. G8. What is the penalty 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. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? Yes   G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. 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. Also, requests can be sent direct 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, attn: Maria Battle; 148 Andrew Young International Blvd N.E.; Suite 900; Atlanta GA 30303-1757. G9.2. Optional comments regarding direct withholding of UI benefits across state lines. None. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. Income Withholding for "periodic payments." Lump sum payments are subject to the lien and levy process. G11. How does an obligor contest income withholding in your State? Obligor may request an administrative or judicial hearing at any time. Such requests do not halt enforcement actions. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Employers should deduct payments for all orders prorating total deduction amounts across all orders up to the federal Consumer Credit Protection Act limits. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. The state office Legal Services Officer or state office Policy Specialists can provide assistance. Advice provided by Policy Specialists should not be considered legal advice, only guidance. O.C.G.A 19-6-32. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? No. G14. When does your state require the employer to send notice of an employee's termination? Upon separation from employment. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? There is no time limit under Georgia law. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? Yes, there is a charge of 5% per total deduction or $1.50, whichever is less per pay period. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes. We offer credit card payments via the portal plus our Family Support Registry through SMI has e-commerce on their website. G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employers and Worker's Compensation Board only. Please provide the active GA OCSS Case Number when sending direct income withholding to Central Registry. For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Current child support is paid first, then medical support up to the federal CCPA limits. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. N/A H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 97% or higher. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp H3. Optional comments regarding paternity acknowledgment conclusive legislation. Georgia law, O.C.G.A. 19-7-46.1 states that a voluntary paternity acknowledgement becomes a legal determination of paternity after 60 days if no party rescinds it. But, it should be noted that Voluntary Acknowledgements of Paternity made and filed in the Putative Father Registry under O.C.G.A.19-7-46.1 do not "conclude" the paternity issue. Paternity may still under various circumstances be challenged in a subsequent legal proceeding. These cases are handled by our legal representatives on a case-by-case basis. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 07/01/1997     H4.1. Were acknowledgments prior to that effective date rebuttable? No H4.2. Optional comments regarding paternity acknowledgments prior to that date. N/A H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? By clear and convincing contrary evidence provided by the husband. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. As of July 1, 1997, the father's name cannot be entered on the birth certificate unless both mother and father sign a voluntary Paternity Acknowledgement form. When the signed acknowledgement is registered in the Putative Father Registry it constitutes a legal determination of paternity, with a right to rescind. It should be noted that this may be challenged in a subsequent legal proceeding. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp H7. Does your State have any other paternity-related presumptions? Yes   H7.1. If yes, briefly explain. A presumption exists if the putative father signed the Paternity Acknowledgement and his name is on the birth certificate. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp H8. Does your State have a putative fathers' registry? Yes   H8.1. If yes, what is the name of that entity? The Georgia Department of Community Health, Div. of Public Health, Bureau of Vital Records. H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. Vital Records charges $10 for a copy of a birth certificate. Only waiver is for GA OCSS attorneys when one is needed for a court hearing. H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. Common Law marriage has not been recognized since January 1997. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp H10.2. When did your current common law standard go into effect? 1/1/1997   H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? 1. Parties were able to contract marriage; 2. There was an actual contract; 3. Must have been consummated according to law. Codified in 1983 H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Paternity testimony or UIFSA general testimony or written, sworn, and notarized testimony. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. O.C.G.A. 19-7-41 and 19-11-110 For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp H13. Does your State recover genetic testing costs for other States? Yes   H13.1. If so, please explain. If requested in UIFSA PETITIONS H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Paternity Acknowledgement form. Refer to H.6.1 H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? Refer to H.6.1 H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents with an Paternity Affidavit for each child. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Both I1.1. If your State can establish under both, under what circumstances would the administrative process be used? In those circuits where court time is limited, the administrative process is used. I1.2. Under what circumstances would the judicial process be used? Each circuit determines the best course of action to take. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. O.C.G.A. 50-13-40 and the Office of State Administrative Hearings Rules, Chapter 616 For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Custodial Parent For Additional Information - No Link Provided I3. 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. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp I4. Will your State establish support orders for prior periods? No   I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? N/A I4.2. What information or documentation does your State require to proceed? 1. HIPAA Authorization for Disclosure of Protected Health Information available through our OCSS web site. 2. Typically receipts for services, but this varies widely by circuit judges. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Georgia's guidelines for establishing support pursuant to O.C.G.A.19-6-15 do not provide for support for prior periods. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? 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. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp I6. What is your State's statutory authority for the administrative process? Office of State Administrative Hearings Rules 616-1-2 and Georgia Law, O.C.G.A. §50-13-et seq. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp I7. Is there a local State law that allows an interstate administrative subpoena? Yes, for in-state cases only. For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? Not when the child is receiving TANF or Medicaid benefits. For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? In non-TANF cases, legal guardianship or custody is required. I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? Yes. If a case remains active, OCSS will continue enforcing the order for the custodian in the order. I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? Georgia OCSS does not reserve child support. The other state should request establishment. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? 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. J2. Is the lien process in your State judicial, administrative or both? Both J2.1. What are the trigger criteria for filing a lien? Arrearage equal to 1 month support payment For Additional Information - No Link Provided J2.2. Where are your State liens filed? In the county of the real or personal property at the County Recording Office J2.3. Does your State charge a fee for filing a lien? No J2.4. If yes, please indicate the amount. N/A J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Both. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? When case is established and when case becomes delinquent J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? The IV-D Agency J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? Notice is sent to financial institution and notice is sent to obligor 5 days later. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? Two months delinquency of current support to be eligible for FIDM lien. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? Two months delinquency of current support to be eligible for FIDM lien. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? yes J5.3. 1. If yes, please provide the time frame. Two months delinquency of current support to be eligible for FIDM lien. J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. Administratively reviewed for a minimum balance of $2000.00 in checking account and a minimum balance of $500.00 in all other financial accounts. J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? Both. J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? Ten (10) days in writing. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? Ten (10) more days, after which the local office must petition for a court hearing within 30 days of the NCP's written hearing request. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? Mistake of identity or delinquent amount (seized amount) only. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Both J5.11. What are your State's penalties for incorrect seizures? Reimbursement of fees assessed by financial institution. J5.12. Is the second challenge administrative, judicial or both? Judicial. J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? Ten (10) days from receipt of notice. No unique requirements. Non-debtor has same appeal rights as obligor. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Not centralized. Forms are automated after manually selected by case manager. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? Judicial appeal must be filed in GA county of underlying order. J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? No minimum amount by statute, however policy is to exclude checking account balances under $2,000 and all other account balances under $500. J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. In limited ERISA type accounts an account can be liquidated if a Qualified Domestic Relations Order is sent to the plan administrator. For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? Twenty days. For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Both J7. Please describe any other administrative enforcement procedures your State may have. Administrative: Lottery Intercept Procedure 712 J8. Please describe any other judicial enforcement procedures your State may have. Contempt J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? Request enforcement under Full Faith and Credit. Georgia will register the order for enforcement: Procedure 910. O.C.G.A 19-11-9.3. For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp J10. Which of our State's enforcement remedies are available without registration? State tax refund, wage withholding, license revocation, administrative liens, financial institution data match (FIDM). J11. Describe your State's registration and enforcement procedures. It is Georgia's option to enforce by administrative remedies without registration or to register the order and seek judicial enforcement. For registration: 1. order(s) are filed with the Clerk of Court. 2. Notice is provided to the non-registering party along with a copy of order(s) registered. 3. Confirmation of the registered order occurs by operation of law where there is no hearing request or by judicial order if contesting party does not establish a valid defense. 4. A contempt action may be filed, generally as a last resort, when all other enforcement actions have failed. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. O.C.G.A. 9-12-130 through 9-12-138 For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? Yes, if sent through the Georgia Central Registry. J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). N/A J15. Does your State use credit bureau reporting as an enforcement method?   J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? Innovis J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Responding state J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? Balances over $2,500.00 J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every three years. Parties must show a substantial change in circumstances for more frequent reviews. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? 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. IMPORTANT FEE NOTICE: See F6.1 regarding exclusions to Georgia's non-refundable $100 Modification Review Application Fee. K3. Briefly describe your State's modification procedure. 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. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? 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. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. No K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? 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. K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use? N/A K7. How does your State credit SSA disability to current and past due support? It would depend on the case status, but typically is applied towards arrears. Contact the local office for further information about a specific case. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No   K8.1. If yes, please explain the situation? N/A K8.2. What is the statutory citation for your abatement law? Not applicable. For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. For Enforcement and Review and Modification cases, a HIPAA Authorization for Disclosure of Protected Health Information may be needed. This form is available through our OCSS web site. Contact the Georgia local office for further details. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Copies of paternity acknowledgments/affidavits and birth records must be obtained from the State Office of Vital Records, 2600 Skyland Drive, Atlanta, GA 30319. The phone number is 404-679-4702, web site: http://health.state.ga.us/programs/vitalrecords The charge is currently $10.00 per copy. K9. What information is required to register an out-of-State order for enforcement/modification? Interstate Transmittal 1, Uniform Support Petition, Registration Statement, Certified copies of all court orders (not just most recent contempt order) Certified arrears calculation/payment history (showing a monthly breakdown), General Testimony. GA requires certified pay histories showing a monthly breakdown when requesting: registration for enforcement only; enforcement and modification; determination of controlling order and reconciliation of arrears; and administrative change of payee. Copies only on administrative redirection of payments; and enforcement of responding state's order. L. Lump Sum Payments L1. Does your State define a lump sum payment? No     L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? N/A L1.2 Provide the statutory citation. N/A For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? Yes  L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. N/A For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? No, not by statute. However 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. L4. How are employers instructed to report a pending lump sum? See L3.1 L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. No timeframe set by law. Georgia's administrative procedure is to respond within 10 business days. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? 20 Days if an Order to Withhold and Deliver was served on the employer (O.C.G.A. §19-11-19 (g)). No timeframe set by law if a Notice of Garnishment was served on the employer. L7. Does your State use the income withholding order to attach the lump sum payment? No L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? N/A L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? N/A L9. What other documents does your State use to attach lump sum payments? 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. L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes L10.1 If yes, what are those limits? 50% or up to the balance owed. No link available. For Additional Information - No link available. L10.2 If no, what percentage is the employer required to withhold? N/A L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? 50% or up to the balance owed of the lump sum should be withheld regardless as to whether or not that period's obligation has been met as long as there is an arrearage equal to one month's support obligation. The CCPA limits (50% to 65%) would apply to regular wages for that periods obligation. M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation N/A For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. No M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. No M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? No M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. N/A M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). N/A M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). Federal Income Withholding Administrative Lein M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. All personal property except motor vehicles. For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? O.C.G.A. 19-11-18(b)(2) For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? No M3.1. Please provide the statutory citation. N/A For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Yes M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? 14 days for Worker's Comp (O.C.G.A. 19-11-9.1(g)). All others 30 days (O.C.G.A 19-11-18(b)(2)). M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. Office of Child Support Services (OCSS). For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. O.C.G.A. 19-11-18(b)(2). For Additional Information - http://www.lexis-nexis.com/hottopics/gacode/Default.asp M6. Are there attorney fees associated with the insurance intercept activity? No M7. How does another State initiate and intercept collections from your State Workers Compensation agency?   M7.1. What is the process, the points of contact, and what forms must be completed? Currently, no. Dedicated To Enforcing Your Support Order.
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