2020 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-30. Collection of Child Support by Continuing Garnishment; Child Support Subject to Income Deduction

1. Any order of support of a child entered or modified on or after July 1, 1985, shall contain the following provision:

   "Whenever, in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support."

2. All cases involving orders of support of a child or spouse being enforced by the entity within the Department of Human Services and its contractors that are authorized to enforce support orders shall be subject to income deduction orders as set forth in Code Sections 19-6-32 through 19-6-33.1.

(Code 1981, §19-6-30, enacted by Ga. L. 1985, p. 785, § 3; Ga. L. 1989, p. 861, § 2; Ga. L. 1992, p. 1264, § 2; Ga. L. 1994, p. 1270, § 6.5; Ga. L. 2017, p. 646, § 1-11/SB 137.)

The 2017 amendment, effective July 1, 2017, deleted former subsection (b), which read: "Any order of support entered or modified prior to July 1, 1985, shall be construed as a matter of law to contain the provision set forth in subsection (a) of this Code section."; redesignated former subsection (c) as present subsection (b); and substituted the present provisions of subsection (b) for the former provisions which read: "All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33."

- Continuing garnishment to enforce support obligations, T. 18, C. 4.

- Issuance of orders for income withholding, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Office of Child Support Recovery, Recovery and administration of child support, § 290-7-1-.10.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 227 (1989). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 176 (1994).

JUDICIAL DECISIONS

Enforcement of arrearages.

- A 15-month delay in the effective date of an upward modification of child support to allow arrearages to be paid first was improper because O.C.G.A. § 19-6-15 does not authorize a complete delay of an upward modification; the upward modification had to be made under O.C.G.A. §§ 19-6-15(f)(5)(B)(v) and19-6-30(a) so as to not create a de facto forgiveness of the payment of the arrearages. Hampton v. Nesmith, 294 Ga. App. 514, 669 S.E.2d 489 (2008).

Cited in Walker v. Walker, 248 Ga. App. 177, 546 S.E.2d 315 (2001).

RESEARCH REFERENCES

ALR.

- Right to credit against child support arrearages for time children spent in custody of noncustodial parent pursuant to visitation or court order, 118 A.L.R.5th 385.

Right to credit on child-support arrearages for money given directly to child, 119 A.L.R.5th 445.

Right to credit against child support arrearages for time child lived with noncustodial parent, other than for visitation or by court order, with approval of custodial parent, 120 A.L.R.5th 229.

Right to credit on child support for contributions to housing costs, utility bills, and other alleged household necessities made for child's benefit while child is not living with obligor parent, 123 A.L.R.5th 565.

Right to credit on child support arrearages for gifts to child, 124 A.L.R.5th 441.