Hearing" means the evidentiary hearing conducted by an administrative law judge
("ALJ") appointed by the Office of State Administrative Hearings ("OSAH") in
accordance with these Rules, any rules promulgated by OSAH, and the statutory
provisions of the Georgia Administrative Procedure Act.
(b) "Administrative Procedure Act" means that
law codified at Official Code of Georgia sections
(c) "Arrearage" means an amount of money
calculated by the Department or a court representing the total amount of
support owed less the actual amount of support paid by an obligor. An obligor
who is "in arrears" is subject to any administrative or civil enforcement
action allowed by law.
support" means any periodic or lump-sum payment of cash as well as the duty to
provide health insurance on behalf of a child or to pay for uninsured medical
expenses of a child or any other obligation imposed or imposable under
Georgia's child support guidelines (see O.C.G.A. §
(e) "Child support obligation" means any
obligation of support imposed or imposable by law, court or administrative
order, decree or judgment or administrative decision.
(f) "Consent agreement" means an agreement
entered into between the Department and one or more obligors setting forth the
obligor's child support obligation.
(g) "Consent order" means the order issued by
the administrative law judge based on a signed consent agreement.
(h) "CSRA" refers to Georgia's "Child Support
Recovery Act," codified at sections
of the Official Code of Georgia Annotated. The CSRA is the enabling legislation
of the Department.
means the division within the Georgia Department of Human Services which
provides and administers child support services under the IV-D
(j) "Enforcement" refers
to the entire array of administrative or civil actions available to the
Department to collect child support or an arrearage from one or more
deferral" is a non-contractual writing between the Department and the obligor
providing that the Department shall voluntarily refrain from taking specified
enforcement actions so long as the obligor is making payments in accordance
with the schedule specified in the document.
(l) "Establishment" means the process,
whether administrative or civil, of the determination of paternity and the duty
of a parent or parents to pay child support.
(m) "FIW" means either an income deduction
order issued by a court pursuant to O.C.G.A. §
et seq. or an administrative order for income withholding issued by the
Department pursuant to section
FIW is also an acronym for the federally-issued "Federal Income Withholding"
form (OMB Form # 0970-0154) which must be utilized by all IV-D
(n) "Foreign order" means
an order issued by a court or an administrative entity located in a
jurisdiction other than Georgia, including other countries if the United States
government or Georgia has a reciprocity agreement with said country.
(o) "IV-D order" means any order or judgment
of a court of this state, any order or judgment of a court of another state or
any administrative decision of this state issued under O.C.G.A. §
seq. or any final administrative decision or order of another state setting
forth an obligation to pay child support if a proper person has either applied
for services from the Department or has received public assistance.
"Modification" refers to either the
administrative or civil process of reviewing a child support order and then
seeking a court order adjusting the original child support order. Modification
is triggered when a support order:
provides for a support amount which is no longer consistent with the provisions
of O.C.G.A. §
(2) contains a legal defect of
any sort which the Department deems necessary to correct to make an order fully
enforceable under the laws of this state; or,
(3) requires the inclusion of medical support
when available at reasonable cost. Review and modification may also be
triggered by the mere passage of time if the obligee or child is receiving
"Nonparent custodian" means, in accordance with O.C.G.A. §
an individual who has been granted legal custody of a child, or an individual
who has a legal right to seek, modify, or enforce a child support order (such
as a guardian or guardian ad litem). Nonparent custodians are usually, but not
always, a relative of the child such as a grandparent.
(r) "O.C.G.A." refers to the Official Code of
Georgia Annotated. The specific references to sections of O.C.G.A. in these
rules are to those laws in effect at the time these rules were promulgated. If,
at some later date, the O.C.G.A. is revised, then these rules are to be
construed in accordance with current law. If O.C.G.A. section numbers are
changed, the O.C.G.A. references herein shall refer to the then-applicable
(s) "Obligee" means the person
to whom a child support obligation is owed under any court order or
administrative order for child support.
(t) "Obligor" means the person who is
responsible for paying a child support obligation under any court order or
administrative order for child support.
(u) "Putative obligor" means any person who
is alleged to owe a duty to support a child or children.
(v) "UIFSA" refers to the "Uniform Interstate
Family Support Act," codified at sections
of the Official Code of Georgia Annotated.
(w) "Underemployed" means either a complete
failure to seek employment or the acceptance of employment at a level of
compensation which does not reasonably reflect a person's earning potential or
a refusal without good cause to accept employment which is otherwise reasonably