(a) Application Fees: all persons applying
for services from the Department are required to pay a $25 application fee, or
other amount as federally required, unless the applicant is currently receiving
TANF or some other form of public assistance.
FSR Fees: The Department controls the
"family support registry," a central registry which operates on behalf of the
department to receive, process, disburse, and maintain a record of all child
support payments paid to the Department or paid pursuant to an income deduction
(1) The Department shall collect a fee
of up to $30.00 for processing of insufficient funds checks.
(2) The Department shall collect an
administrative fee of up to $2.00 per payment or 5 percent of each payment,
whichever is the lesser.
(c) DRA Fees: The Department is required by
the federal Deficit Reduction Act and state law to collect an annual fee from
obligors. Such fee shall only apply to the obligor when no individual in the
case has received assistance under a State TANF program, former State AFDC
program and Tribal TANF program of the federal Social Security Act. The annual
fee is $35.00 for each case. The Department shall retain and collect this fee
through income withholding or any other enforcement remedy available to the
(1) For any person not currently receiving
TANF or Family Medicaid assistance, or whose gross monthly income is not less
than an amount determined by the Department and set by policy based upon the
current minimum wage, a non-refundable fee of up to $100.00 is required for
review and modification pursuant to code section
payable upon completion of the review process, except in cases proceeding under
(2) A fee of $25.00 shall be
retained and deducted from any intercept of federal tax refunds, as required by
(3) A fee of $12.00
shall be retained and deducted from any intercept of state tax
(4) Genetic testing will
often be utilized as required by law to establish a putative parent's
biological relationship to a child. The genetic testing fee will be based on
the contracted rate at the time the test is administered. If the putative
obligor is confirmed as a parent and paternity is established, the obligor is
responsible for paying the genetic testing fee at the time the court or
administrative tribunal enters an order. If the putative father is excluded as
a possible parent then the person who named the putative father shall be liable
to the department for reimbursement of the paternity testing fee.
(5) The Department shall charge a fee of up
to $10.00 for each certification regarding entries on the putative father
registry (see O.C.G.A. §
(e) An applicant for services from
the Department is not permitted to close his/her case if any fees required by
this Rule remain unpaid.
applicant for services who closes his/her case after a civil action has been
initiated by the Department shall be responsible for reimbursing the Department
for any court costs or service fees arising from said civil action for which
the Department was required by law to pay.
(g) In any enforcement proceeding brought by
the Department, should it prevail, the court may award the Department its
reasonable attorney's fees and actual court costs.
(h) In the collection of overdue fees, the
Department may utilize any collection mechanism existing within Title 19 of the
Georgia Code, from either the obligee or the obligor. The Department is
authorized to add an amount to any order for income withholding as needed to
offset the total amount of fees owed under this Rule.
(i) In compliance with O.C.G.A. §
the Department has limited authority to "write off" any fees otherwise due
under this Rule and zero out a fee account if, upon review by accounting
personnel or by counsel, and subsequent certification by the Commissioner, the
Department concludes that the account receivable is no more than $100 and that
the account is uncollectible or that the cost of collecting on the fee account
would likely equal or exceed the fee amount owed.
Any person aggrieved by an effort of the
Department to collect a fee under this Rule shall be entitled to an
administrative hearing. An administrative hearing and any appeal therefrom
under this Rule shall be in accordance with the procedures set forth at Rule
Ga. Comp. R. & Regs.
Rule entitled "Redetermination at the Request of AP" adopted. F.
Oct. 17, 1991; eff.
Nov. 6, 1991.
Repealed: New Rule entitled "Fees and Collection
Procedures" adopted. F. June 15, 2011;
eff. July 5,
Amended: F. Dec. 17,
2015; eff. Jan. 6,
Amended: F. Feb. 23,
2018; eff. Mar. 15,
Amended: F. May 25,
2018; eff. June 14,
Amended: F. Sep. 11,
2018; eff. Oct. 1,