(a) This Rule
applies to periodic redeterminations of support requested under sections
of the Georgia Code as well as review and modification under section
of the Georgia Code.
Department may conduct periodic redeterminations and reinvestigations of the
ability of the parent to furnish support upon the receipt of an application for
services from an obligor or obligee. An application for modification shall not
be deemed to be received until the applicant submits all information required
by the Department in the application packet. If either party requests
redetermination under section
the party shall be informed that Georgia law has changed since section
was enacted and that, now, all redeterminations must proceed under section
and this Rule.
(c) The Department
shall notify the obligor and obligee of the opportunity for a review of their
IV-D order at least once every three years in accordance with the provisions of
and these regulations. The Department, either parent, a nonparent custodian may
request a review of the IV-D order for potential modification at that time by
submitting an application for review and modification. If no review is applied
for, no action need be taken by the Department prior to the expiration of the
next applicable review period unless the case involves the receipt of TANF
benefits - such orders shall, as mandated by federal law, be subject to
mandatory review every three years without request.
(d) Where a child is born to an obligee and
obligor who are already subject to a child support order being enforced by the
Department, the procedures of this Rule may be utilized to add the child to the
order by consent. If the obligor and obligee do not consent to adding the child
to the order, the Department shall initiate a new civil action in superior
court seeking to establish support for the new child and modifying the original
order to add that child as a dependent covered by the order.
When a review application is received,
the Department shall notify the obligee and the obligor(s) at least 30 days
before the commencement of the review of the local office undertaking the
review unless notice is waived by the obligee and obligor(s). However, both the
obligee and obligor(s) may be asked to submit necessary information during the
aforementioned 30 day period. At the review, the child support guidelines
codified at O.C.G.A. §
shall be used to determine the appropriate amount of the child support
obligation under the facts existing at the time of review. In determining
whether a change in circumstances exists necessitating modification of a IV-D
order, the Department shall consider the following:
(1) The Department may seek an upward
modification if the calculated support award is a 15% or greater increase than
the current support award with a minimum $ 25 per month increase. The
Department may consider evidence that the obligor is underemployed or otherwise
artificially suppressing income.
(2) The Department may seek a downward
modification if the obligor is not underemployed and if the calculated support
award would result in a 15% or greater decrease of the current support award
with a minimum $25 per month decrease. The Department may consider evidence
that the (1) obligor is medically certified disabled to work and such condition
is expected to continue one year or longer; or (2) the obligor has experienced
an involuntary loss of income in accordance with O.C.G.A. §
or (3) the obligor has subsequently incurred an additional child support
(3) The Department may
seek a modification requiring any obligor to procure health insurance for
his/her child(ren) if health insurance is reasonably available to the obligor
at reasonable cost. See O.C.G.A. §§
If the IV-D order does not provide for the payment of uninsured medical
expenses, modification will be sought to provide for medical support payments
as appropriate under the circumstances of the case.
(4) The Department may seek a modification
if, upon sentencing, the obligor will be incarcerated for more than 180
a review is conducted, the agency recommendation will be sent by first-class
mail to the obligor and obligee at their last known addresses of a proposed
adjustment or a determination that there should be no change in the child
support award amount.
(g) In the
case of an administrative support order, the Department shall file the agency
recommendation with OSAH. If neither the obligor nor obligee objects to the
agency recommendation in writing sent to the Department within 33 days of
mailing of the agency recommendation, the ALJ shall, after being notified by
the Department of the lack of objection, enter an order adopting the agency
recommendation. If a written objection is received within the 33 day period
following mailing of the agency recommendation, the ALJ shall schedule a
hearing. The parties may, at any time following the filing, enter into a
consent agreement to modify the support order.
(h) In the case of a judicial order, the
Department shall file a petition with the court to adopt the agency
recommendation contemporaneously with the mailing of the agency recommendation
under paragraph (f). The petition shall be served upon the obligor and obligee
in accordance with O.C.G.A. §
9-11-4. If no party files
an objection with the clerk of court within 30 days from the date of service of
the petition, the court shall issue an order adopting the agency
recommendation. If any party files an objection within 30 days of having been
served, the court shall schedule a de novo hearing. The parties may, at any
time following filing of the petition, enter into a consent agreement to modify
the support order.
(i) Any order,
whether administrative or judicial, modified under this Rule shall also provide
that medical insurance must be provided in accordance with O.C.G.A. §
and O.C.G.A. §
(j) If arrears are owed by the obligor at the
time of the review, the Department shall seek to have the amount of arrears
established by the tribunal, along with a repay amount to be added as needed to
pay off the arrearage. The repay amount is limited to a maximum of 20% of the
support amount as modified.
the Department is hindered in its review of a IV-D order because it is unable
to secure sufficient financial or other information necessary to complete the
review from the applicant seeking modification, the Department may terminate
the review due to lack of cooperation and no further action need be taken by
the Department prior to the expiration of the next applicable review period. If
any necessary party who is not the applicant for services fails or refuses to
timely supply requested information, an administrative subpoena may be issued
in accordance with O.C.G.A. §§
In its discretion, the Department may temporarily halt the review and seek
judicial enforcement of the administrative subpoena by the appropriate superior
hearing and any appeal therefrom under this Rule shall be held in accordance
with the procedures set forth at Rule
Ga. Comp. R. & Regs.
Rule entitled "Periodic Review of Child Support Obligation" adopted. F.
Oct. 17, 1991; eff.
Nov. 6, 1991.
Repealed: New Rule entitled "Periodic Review and
Modification of Child Support Obligations" adopted. F.
June 15, 2011; eff.
July 5, 2011.
Amended: F. Sep. 10,
2015; eff. Sept. 30,
Amended: F. Sep. 11,
2018; eff. Oct. 1,