Ga. Comp. R. & Regs. R. 290-7-1-.18 - Remedies Not Exclusive

Current through Rules and Regulations filed through April 4, 2022

(a) The procedures, actions, and remedies provided in these rules shall in no way be exclusive but shall be in addition to and not in substitution of other proceedings provided by law. Both obligees and obligors have the right under Georgia law to pursue any legal rights either in concert with or independently of the Department. The exercise of such rights shall not serve as a basis of a finding of noncooperation unless the applicant for services neglects to keep the Department informed of any other related proceedings which would impact its enforcement efforts under the Act.
(b) In light of this non-exclusivity, it is not uncommon for a superior court to issue a civil order containing provisions for child support (for example, in a divorce proceeding) subsequent to the existence of an administrative support order. Once a superior court issues an order, that order becomes the controlling order in the case and shall become the IV-D order being enforced by the Department.

Notes

Ga. Comp. R. & Regs. R. 290-7-1-.18
O.C.G.A. Secs. 19-11-22, 19-11-24.
Original Rule entitled "Other Judicial and Administrative Remedies" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991. Repealed: New Rule entitled "Remedies not Exclusive" adopted. F. June 15, 2011; eff. July 5, 2011.

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