Georgia Dept. of Human Services v. Wright
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DHS, on behalf of the minor child of Johnny Wright (father), filed a complaint against him, asking the superior court to order Father to pay child support and maintain accident and health insurance, and enforce the order through an income deduction order. During a hearing on the complaint, the trial court learned that Father was currently married to Monica Wright, the mother of the child, and that no divorce or separate maintenance action had been filed. The court concluded that without an order, neither parent is the "custodial parent," and concluded that DHS therefore had no authority to pursue an award of child support. The Supreme Court, after its review, reversed, finding that DHS could seek a child support award against one parent without a divorce action.
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