Any parent owed Georgia child support can hand collection to the Division of Child Support Services, whether or not the family ever received public assistance, but the agency represents the state, not you.
Who Can Apply
Under OCGA 19-11-6(c), the department “shall accept applications for child support services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance.” Under OCGA 19-11-6(f), a $35 federal fee is collected from the paying parent where the family has never received public assistance. In Georgia Department of Human Services v. Wright, 293 Ga. 330 (2013), the Georgia Supreme Court held the department may seek a support order even while the parents are married.
What DCSS Can Do
Under OCGA 19-11-18(a), its tools include income withholding, tax refund intercepts, contempt, liens, and levies; under OCGA 19-11-9.3 it can have licenses suspended when a parent is over 60 days behind; and under OCGA 19-11-25 it reports overdue support to credit bureaus. It reviews orders automatically every 36 months in active TANF cases, and otherwise on application and a fee; after 36 months, it seeks an adjustment for “a significant inconsistency” with the guidelines. OCGA 19-11-12(c)(1), (3); Falkenberry v. Taylor, 278 Ga. 842 (2005).
The State Is the Client
Under OCGA 19-11-23(b), when the district attorney acts for the department, “the department shall be the sole client.” In Department of Human Resources v. Brown, 213 Ga. App. 42 (1994), the Court of Appeals held that custody, visitation, and legitimation cannot be litigated in the agency’s action, because its lawyer “cannot also represent a private client in a domestic conflict.”
You Keep Your Own Remedies
In Hall v. Hall, 335 Ga. App. 208 (2015), a custodian whose order the agency had obtained brought her own contempt action, and the Court of Appeals held that an obligee “may pursue available remedies for enforcing the judgment, singly or concurrently with Child Support Services.”
Contact Us
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!