Ga. Comp. R. & Regs. R. 290-7-1-.06 - Periodic Review and Modification of Child Support Obligations

(a) This Rule applies to periodic redeterminations of support requested under sections 19-11-16 and 19-11-17 of the Georgia Code as well as review and modification under section 19-11-12 of the Georgia Code.
(b) The 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 19-11-17, the party shall be informed that Georgia law has changed since section 19-11-17 was enacted and that, now, all redeterminations must proceed under section 19-11-12 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 O.C.G.A. § 19-11-12 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.
(e) 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. § 19-6-15 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. § 19-6-15(j); or (3) the obligor has subsequently incurred an additional child support obligation.
(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. §§ 19-6-15, 19-11-26. 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 calendar days.
(f) After 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. § 19-6-15(h)(2)(B)(iii) and O.C.G.A. § 19-11-26.
(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.
(k) If 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. §§ 19-11-11 and 31-5-4. In its discretion, the Department may temporarily halt the review and seek judicial enforcement of the administrative subpoena by the appropriate superior court.
(l) An administrative hearing and any appeal therefrom under this Rule shall be held in accordance with the procedures set forth at Rule 290-7-1-.19.

Notes

Ga. Comp. R. & Regs. R. 290-7-1-.06
O.C.G.A. §§ 19-6-15, 19-11-12, 19-11-26, 50-13-13.
Original 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, 2015. Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.

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