For the parent receiving child support, an income deduction order is the surest way to get paid, which is why Georgia law makes it the default.
No Separate Lawsuit
The order is entered along with the support order itself. Garnishment, by contrast, is a separate proceeding that under OCGA 18-4-52 cannot begin until the paying parent is already a month behind. In Georgia Department of Human Resources v. Word, 265 Ga. 461 (1995), the Georgia Supreme Court called the order “a speedy and simple method for the withholding of wages or other income to ensure child support is paid promptly and efficiently.” So think twice before agreeing to an alternative arrangement.
The Employer Is on the Hook
Under OCGA 19-6-33(f)(4), an employer that “willfully fails to withhold the proper amount” is liable for what it should have withheld, “plus costs, interest, and reasonable attorney’s fees.” In Singleton v. Department of Human Resources, 263 Ga. App. 653 (2003), a construction company owner who ignored an income deduction order was jailed for contempt until he paid $8,923.
A Record of Every Payment
Under OCGA 19-6-33.1, withheld support goes through the Family Support Registry, which must send it on within two business days and keeps a record of every payment. Under OCGA 19-6-33(j), certified copies of those records “shall, without further proof, be admitted into evidence in any legal proceeding.”
Arrearages Come Out Too
Under OCGA 19-6-32(d)(2), the order states any arrearage and directs the employer “to withhold an additional amount until the arrearage is paid in full.” In Georgia Department of Human Resources v. Pernice, 260 Ga. 732 (1991), the Georgia Supreme Court described the order as requiring a deduction “to meet the employee’s support obligation, including arrearages.”
The Paying Parent Is Protected
Under OCGA 19-6-33(k), no employer may fire an employee because earnings are subject to an income withholding order, and under OCGA 19-6-33(f)(5) the employer’s fee is capped at $25 for the first payment and $3 for each one after.
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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!