Ga. Comp. R. & Regs. R. 290-7-1-.04 - Establishment of Child Support Obligation
Current through Rules and Regulations filed through April 4, 2022
(a) Initial investigation. In cases in which
no child support order already exists, the Department may conduct an
investigation in accordance with O.C.G.A. §
19-11-10
to determine the ability of a putative obligor to support his/her child(ren).
The Department will calculate the amount of the support award based on the
standards set forth at O.C.G.A. §
19-6-15.
If paternity is contested, the Department shall pursue a determination of
paternity as permitted by law.
(b)
Genetic Testing
(1) In accordance with
Georgia law as amended in 2015, genetic testing will be required in any case in
which paternity is at issue and paternity has not previously been established.
In such instances, the Department will issue an order for genetic testing,
which will be provided to both putative parents of the child at issue. The
order shall specify the time and place for genetic samples to be obtained. An
applicant for services who fails to comply with the order for genetic testing
is failing to cooperate with the Department, and his/her case is subject to
administrative closure. An application will not be deemed complete unless
accompanied by an applicant's sworn statement alleging or denying paternity.
The sworn statement is required by law, O.C.G.A. §
19-7-43.
A defendant in a paternity case who fails to comply with the departmental
genetic testing order shall be held to have waived any right to genetic testing
in the case or in any proceedings involving the Department. The Department may
initiate litigation prior to the completion of genetic testing, in which case
the testing shall take place as ordered by the court. Genetic testing will not
be pursued in cases involving adoption or the use of reproductive assistance
techniques which would negate biological relations (such as embryo donation,
egg donation, sperm donation, etc.). The cost of genetic testing shall be cast
upon the defendant if the results show that the defendant is the biological
parent of the child.
(2) Any
genetic material collected for a paternity test shall be destroyed by the
Department and any contractor, vendor, or laboratory authorized to do testing
for the Department no earlier than one year but no later than two years from
the date that the result of such test is transmitted to the Department. The
Department may extend this period of time if needed due to a continuing court
action or legal dispute by notice to the contractor, vendor, or laboratory.
Neither the Department nor any contractor, vendor, or laboratory authorized to
do testing for the Department may share the genetic material with any other
person or agency, or use the genetic material for any purpose other than the
determination of paternity. The contractor, vendor, or laboratory must agree to
comply with terms and conditions set forth within a contract for services with
the department including but not limited to liquidated damages due to the
improper release, use, or failure to destroy information or materials
associated with paternity testing services.
(c) Consent agreement. When the investigation
is complete, the Department will request that the putative obligor enter into a
consent agreement to provide child support (including medical support) and to
provide medical insurance when available to the putative obligor in accordance
with O.C.G.A. §
19-11-26.
Subsequently, the Department will submit a signed consent agreement to OSAH for
the issuance of a support order and will issue an FIW after entry of the
consent order if the obligor is employed.
(d) Establishment at Hearing. If the
Department is unable to secure a consent agreement from the putative obligor,
the Department will file a request for hearing before an administrative law
judge appointed by OSAH to determine the duty of and ability of the putative
obligor to provide child support. The amount of the support shall be determined
in accordance with O.C.G.A. §
19-6-15
and shall include medical insurance for his/her children when available
pursuant to O.C.G.A. §
19-6-15(h)(2)(B)(iii)
or available at reasonable cost pursuant to O.C.G.A. §
19-11-26.
An administrative hearing and any appeal therefrom under this Rule shall be in
accordance with the procedures set forth at Rule
290-7-1-.19.
(e) If a nonparent custodian is the party
seeking establishment, the Department may proceed against all natural or
adoptive parents of the child in the same proceeding unless jurisdictional
defects require separate proceedings. Although a nonparent custodian applying
for services may seek establishment against only one parent, the Department in
its sole discretion may choose to proceed against both parents of the
child(ren).
(f) As required by
federal law, when TANF, Medicaid, or other public assistance is paid by the
State of Georgia on behalf of a child, a referral is automatically made to the
Department for establishment services. In such public assistance cases, the
Department may proceed without an application for services in order to collect
a public debt owed to the State of Georgia. In such public assistance cases
only, the Department may seek to establish a support obligation even though the
custodian of the child does not have legal custody.
(g) The Department may, in its sole
discretion, elect to proceed in superior court to establish any child support
obligation rather than proceed through OSAH.
Notes
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