(a) The Department is authorized by law to
issue an order for income deduction without need for any amendment to the order
involved or any further action by the court or entity that entered the order.
The Department shall utilize the "FIW" or Federal Income Withholding form when
issuing such an order for income deduction, as required by federal regulations.
The FIW shall be issued immediately after entry of a child support order in any
case wherein the obligor is currently employed. The obligor is responsible for
direct payment of support (to the Department's family support registry) between
the effective date of the order and the issuance of the FIW. The Department may
adjust the starting date of an order to coincide with the issuance of the FIW
at its discretion. For example, if the putative obligor and the obligee both
consent to a support order on June 1, the Department may make the support
obligation effective on July 1 in order to ensure that the FIW is implemented
prior to the first support payment coming due.
(b) Copies of the support orders, which
include a provision for income deduction, issued by the Department shall be
mailed to the obligee and obligor. All obligees and obligors are required to
notify the Department of any change of residential address; obligors must also
inform the Department of any change in employment. The failure by an obligor or
obligee to notify the Department of a change of address will be deemed to waive
the notice requirement of this Rule with regard to that person.
(c) The enforcement of the order for income
deduction may only be contested on the ground of mistake of fact regarding the
amount of support owed pursuant to a support order, the amount of the
arrearages, or the identity of the obligor.
(d) A person wishing to contest the
enforcement of an income withholding by the Department on one of the grounds
listed above must request an administrative hearing within 14 days of the
mailing date of the notice of income deduction. The request for hearing must be
mailed to the DCSS office that issued the FIW The request for a hearing does
not stay enforcement of the withholding unless the administrative law judge
enters an order granting relief for good cause shown.
An administrative hearing and any appeal
therefrom under this Rule shall be held in accordance with the procedures set
forth at Rule
(f) The Department is authorized to add
arrears repayment amounts ordered by a superior court or OSAH, as well as
amounts sufficient to cover any fees owed by the obligor under these
(1) An employer receiving an FIW may collect
up to $25 against the obligor's income to reimburse the employer for
administrative costs for the first income deduction and up to $3.00 for each
deduction thereafter. The employer may not impose or deduct any other fee for
complying with the FIW.
payor subject to an FIW or Order to Withhold and Deliver may not discharge or
terminate an obligor by reason of the fact that income has been subjected to
income withholding. The Department is authorized to impose civil penalties
against any payor who violates this provision.
(3) Employers are hereby informed that an FIW
has priority over all other legal processes under state law pertaining to the
same income. Payment as required by the FIW is a complete defense by the payor
against any claims of the obligor or his creditors as to the sum paid. See
(4) The Department may issue the FIW
electronically to those employers which have implemented electronic income
withholding through the U.S. Department of Health & Human Services Office
of Child Support Enforcement. Receipt of the electronic income withholding
order constitutes receipt of all notices to payors required by code section
Ga. Comp. R. & Regs.
Original Rule entitled
"Income Deduction Orders (IDOs)" adopted. F. Oct.
17, 1991; eff. Nov. 6,
Repealed: New Rule entitled "Issuance of Orders for
Income Withholding" adopted. F. June 15,
2011; eff. July 5,
Amended: F. Sep. 10,
2015; eff. Sept. 30,