19-11-15
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19-11-15.
(a)
When the department has completed its investigation, has determined the ability
of the absent parent to support his or her child or children in accordance with
guidelines prescribed in Code Section 19-6-15, and believes that the absent
parent is able to furnish a certain amount of support, the department may, as an
exception to Code Section 9-12-18, request the absent parent to enter into a
proposed consent order and income deduction order to provide the support amount
and accident and sickness insurance coverage consistent with Code Section
19-11-26 prior to the filing of an action with the superior court. The orders
may not be set aside on the grounds that the parties consented thereto prior to
the filing of the action. An income deduction order shall issue consistent with
Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a
proposed consent order from the parent, the department may file an action in
superior court or may initiate an administrative action pursuant to Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act.'
(b)
The administrative hearing shall be conducted within 20 days of the filing date,
the absent parent shall be notified of the hearing at least ten days before it
is held, and the hearing decision shall issue not more than ten days after the
hearing.
(c)
The determination of the administrative law judge regarding the ability to
provide support and the ability to provide accident and sickness insurance
coverage shall be delivered to the absent parent personally or shall be sent by
regular mail. The final order shall include an order for income deduction
consistent with Code Sections 19-6-30 through 19-6-34, and shall inform the
absent parent in plain language:
(1)
That failure to support may result in the foreclosure of liens on his or her
personal or real property, in garnishment of his or her wages or other
personalty, or in other collection actions; and
(2)
That the absent parent has the right to appeal the determination within 30 days.
(d)
The final administrative order for support shall have the full force and effect
of an order of a superior court of this state and shall be enforceable upon
filing with such court under an action for contempt. All other remedies
available under the law shall be available for the enforcement of such
administrative orders.