OCGA § 19-6-33 Notice and Service of Income Deduction Order; Hearing On Enforcement of Order; Discharge of Obligor; Penalties

LibraryCode of Georgia
Edition2023
CurrencyCurrent through 2023-2024 Legislative Session Chapter 353 and 2023 Special Session Chapter 5
Year2023
CitationOCGA § 19-6-33

(a) As used in this Code section, the term:

(1) "Child support enforcement agency" means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support.

(2) "Court" means judge of any court of record or an administrative law judge of the Office of State Administrative Hearings.

(3) "Earnings" means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest.

(4) "IV-D" means Title IV-D of the federal Social Security Act.

(5) "Obligee" means the individual to whom the payment of a support obligation is owed.

(6) "Obligor" means the individual owing a duty of support.

(7) "Payor" means the person that provides earnings to an obligor.

(b) The obligee shall provide an income deduction order and in the case of a delinquency, a notice of delinquency, to the payor. The obligee or child support enforcement agency, as applicable, shall provide the notice to payor as set forth in subsection (f) of this Code section.

(c) Service of the initial income deduction order by or upon any person who is a party to a proceeding under this Code section shall be by personal service, by certified mail, return receipt requested, by statutory overnight delivery, or by first-class mail; such order may be served electronically if permitted under Code Section 9-11-5. Service upon a payor or successor payor under this Code section shall be by first-class mail, or such order may be served electronically if permitted under Code Section 9-11-5.

(d)

(1) When an income deduction order is effective upon a delinquency in an amount equal to one month's support, the obligor may apply to a court to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of his or her pleading to the obligee and, if the obligee is receiving IV-D services, to the child support enforcement agency. The filing of such pleading shall not affect the enforcement of an income deduction order unless a court enters an order granting relief to the obligor. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude the income deduction order being provided to the payor.

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