Ga. Comp. R. & Regs. R. 290-7-1-.17 - Liens and Levies

Current through Rules and Regulations filed through April 4, 2022

(a) The Department is authorized to file a notice of lien against the real and personal property of any obligor who resides in or owns property in the state and owes past-due child support. Liens against personal property other than personal property subject to a certificate of title, shall be filed with the office of the Secretary of State. Upon the filing of the notice, a lien arises by operation of law.
(b) The Department has the authority to levy and seize a deposit or account (meaning a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account) of any obligor who is in arrears in an amount equal to at least the support payment for one month from any financial institution (meaning every federal or state-chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state­chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund).
(c) If the child support order contains notice that the obligor is subject to the provisions of O.C.G.A. §§ 19-11-32 through 19-11-39, or the Department has previously sent the obligor a notice by regular mail to the last known address of the obligor referencing these same code sections, further notice is not required prior to levying on the deposit or account.
(d) At the time the notice of levy is sent to the financial institution, the Department must notify the obligor and any obligee a notice of the impending levy via a writing containing the warnings required by O.C.G.A. § 19-11-36.
(e) An obligor or an account holder of interest wishing to contest the levy must send the Department a written challenge within ten business days of the date of the notice to the obligor. The obligor or any account holder of interest who makes a timely challenge to the levy under this Rule is entitled to a hearing in the superior court in which the underlying support order was entered or registered.
(f) The Department may reverse the levy prior to such hearing if its internal review following receipt of the challenge indicates that a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month.
(g) The Department is also authorized to assert liens against any tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. Any property acquired by the obligor after the child support lien arises shall also be subject to such lien. The Department is further authorized to offset against worker's compensation awards and lottery winnings.
(h) The state IV-D agency of another state may determine that a noncustodial parent holds assets in a financial institution doing business in the State of Georgia. Full faith and credit shall be given to liens arising from any judicial or administrative action in another state or foreign jurisdiction. That state IV-D agency may send the levy directly to the financial institution in Georgia asking that it surrender the funds directly to that state IV-D agency. If the financial institution refuses to do so, the state IV-D agency may then send a UIFSA enforcement transmittal to the Department for enforcement.
(i) If it is determined that the noncustodial parent in a Georgia case holds assets in a financial institution outside of Georgia, the Department may send the levy directly to the financial institution doing business in that state or foreign jurisdiction. A request shall be made that the funds be surrendered to the Department. However, if the financial institution refuses to remit the money or the obligor does not reside within Georgia and wishes to challenge the intergovernmental levy, the Department shall release the levy and send a UIFSA enforcement transmittal to the IV-D agency of the state or foreign jurisdiction where the obligor resides.

Notes

Ga. Comp. R. & Regs. R. 290-7-1-.17
O.C.G.A. §§ 19-11-18, 19-11-30.2 through 19-11-37.
Original Rule entitled "Recovery of Fees" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991. Repealed: New Rule of same title adopted. F. July 23, 2004; eff. August 12, 2004. Repealed: New Rule entitled "Liens and Levies" adopted. F. June 15, 2011; eff. July 5, 2011. Note: Correction of typographical error in paragraph (b) on SOS Rules and Regulations website only. In accordance with the Official Compilation Rules and Regulations of the State of Georgia (effective July 5, 2011), "The Department has the to levy and seize a deposit or account." corrected to "The Department has the authority to levy and seize a deposit or account.", as requested by the Agency. Effective February 24, 2020.

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