Georgia law requires that child support be withheld from the paying parent’s earnings under a separate income withholding order entered with the support order, unless the parties agree otherwise in writing or the court finds good cause.
What the Statute Requires
Under OCGA 19-6-32(b)(1), when a court enters a judgment “establishing, enforcing, or modifying a child support obligation,” a separate income withholding order “shall be entered” if none exists. Under OCGA 19-6-32(c)(1), every order must provide for “immediate withholding” unless the court “finds there is good cause not to require such immediate withholding” or “[a] written agreement is reached between both parties which provides for an alternative arrangement.” A good cause finding must rest on a written determination that withholding “would not be in the best interest of the child.”
The Order Is Mandatory
In Georgia Department of Human Resources v. Pernice, 260 Ga. 732 (1991), the Georgia Supreme Court held that “[t]he language of ยง 19-6-32 thus plainly mandates income-deduction orders.” Similarly, in Georgia Department of Human Resources v. Word, 265 Ga. 461 (1995), the Court directed that “good cause is the exception and should be found cautiously and only under narrow circumstances,” and that being current on payments is not, by itself, good cause.
What the Order Does
Under OCGA 19-6-32(d), the order directs the employer to withhold the support amount, adds “an additional amount until the arrearage is paid in full,” and sends the money to the Family Support Registry for the receiving parent. Under OCGA 19-6-32(g)(6), withholding may be contested only for a “mistake of fact” about the amount owed or the identity of the paying parent.
Adding One Later
If your order has none, OCGA 19-6-32(c)(2) provides that on a petition to modify or enforce it, the order “shall … be revised to include provisions for withholding” once one month’s arrearage accrues, without applying to the Division of Child Support Services.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!