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HB 263 - Child support; family support registry; establish

Martin, Jim (47th)	Bordeaux, Tom (151st)	Allen, Ben (117th)

Status Summary	HC:	Judy	SC:	Judy	FR:	01/27/99	LA:	05/03/99	Signed by Governor

First Reader Summary

A BILL to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating thereto; to require that certain child support order payments and income deduction order payments be redirected to or made through such registry; and for other purposes.

Code Sections - 19-6-33.1

HB 263                                            LC 22 3473S 
 
               ______________________________ offers the following 
      substitute to HB 263: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 6 of Title 19 of the Official Code of 
  1- 2  Georgia Annotated, relating to alimony and child support 
  1- 3  generally, so as to provide for a family support registry 
  1- 4  and for duties, powers, and functions relating thereto; to 
  1- 5  require that certain child support order payments and income 
  1- 6  deduction order payments be redirected to or made through 
  1- 7  such registry; to provide for implementation and procedures; 
  1- 8  to provide for notices and sanctions; to provide for 
  1- 9  cooperation, cooperative agreements, and fees; to provide 
  1-10  for immediate withholding from the income and earnings of 
  1-11  the obligor; to provide for distribution of support amounts 
  1-12  payable within two business days after receipt; to provide 
  1-13  that administrative fees shall not reduce child support 
  1-14  payments; to provide for an effective date; to repeal 
  1-15  conflicting laws; and for other purposes. 
 
  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-17                           SECTION 1. 
 
  1-18  Chapter 6 of Title 19 of the Official Code of Georgia 
  1-19  Annotated, relating to alimony and child support generally, 
  1-20  is amended by striking in their entirety paragraphs (1) and 
  1-21  (3) of subsection (a.1) and subsection (b) of Code Section 
  1-22  19-6-32, relating to income deduction orders, and inserting 
  1-23  in lieu thereof the following: 
 
  1-24      "(a.1)(1) All child support orders which are initially 
  1-25      issued in this state on or after January 1, 1994, and 
  1-26      are not at the time of issuance being enforced by the 
  1-27      IV-D agency shall provide for the immediate withholding 
  1-28      of such support from the wages income and earnings of 
  1-29      the person required by that order to furnish support 
  1-30      unless: 
 
  1-31        (A) The court issuing the order finds there is good 
  1-32        cause not to require such immediate withholding; or 
 
  1-33        (B) A written agreement is reached between both 
  1-34        parties which provides for an alternative arrangement. 
 
 
                                 -1- 
 
 
 
  2- 1      For purposes of this paragraph, any finding that there 
  2- 2      is good cause not to require withholding must be based 
  2- 3      on at least a written determination that implementing 
  2- 4      wage withholding would not be in the best interest of 
  2- 5      the child and proof of timely payment of previously 
  2- 6      ordered support in cases involving modification of 
  2- 7      support orders." 
 
  2- 8      "(3) Copies of income deduction orders issued under this 
  2- 9      subsection shall be served on the obligee, obligor, and 
  2-10      the child support IV-D agency when payment is to be made 
  2-11      to the agency." 
 
  2-12    "(b) The income deduction order shall: 
 
  2-13      (1) Direct a payor to deduct from all income due and 
  2-14      payable to an obligor the amount required by the support 
  2-15      order to meet the obligor's support obligation; 
 
  2-16      (2) State the amount of arrearage accrued, if any, under 
  2-17      the support order and direct a payor to withhold an 
  2-18      additional amount until the arrearage is paid in full; 
  2-19      and 
 
  2-20      (3) Direct a payor not to deduct in excess of the 
  2-21      amounts allowed under Section 303(b) of the federal 
  2-22      Consumer Credit Protection Act, 15 U.S.C. Section 
  2-23      1673(b), as amended.; and 
 
  2-24      (4) Direct the payor to send income deduction payment 
  2-25      including administrative fees authorized by law to the 
  2-26      family support registry as provided for in Code Section 
  2-27      19-6-33.1." 
 
  2-28                           SECTION 2. 
 
  2-29  Said chapter is further amended in Code Section 19-6-33, 
  2-30  relating to notice, service, and hearings relating to income 
  2-31  deduction orders, the obligor's discharge, and penalties, by 
  2-32  striking in its entirety paragraph (3) of subsection (e) and 
  2-33  inserting in lieu thereof the following: 
 
  2-34      "(3) Instruct the payor to forward, within two business 
  2-35      days after each payment date, to the obligee or the 
  2-36      receiver family support registry the amount deducted 
  2-37      from the obligor's income and a statement as to whether 
  2-38      that amount totally or partially satisfies the periodic 
  2-39      amount specified in the income deduction order.  If the 
  2-40      IV-D agency is enforcing the order, the payor shall make 
 
 
 
 
                                 -2- 
 
 
 
  3- 1      these notifications to the agency instead of the 
  3- 2      obligee;". 
 
  3- 3                           SECTION 3. 
 
  3- 4  Said chapter is further amended by adding after Code Section 
  3- 5  19-6-33, relating to notices of income deduction orders, a 
  3- 6  new Code section to read as follows: 
 
  3- 7    "19-6-33.1. 
 
  3- 8    (a) As used in this Code section, the term: 
 
  3- 9      (1) 'Child support enforcement agency' means the Child 
  3-10      Support Enforcement Agency of the Department of Human 
  3-11      Resources and its contractors. 
 
  3-12      (2) 'Family support registry' means a central registry 
  3-13      maintained and operated pursuant to subsection (c) of 
  3-14      this Code section, which receives, processes, disburses, 
  3-15      and maintains a record of the payment of child support, 
  3-16      child support when combined with spousal support, child 
  3-17      support arrears, or child support debt made pursuant to 
  3-18      court or administrative order. 
 
  3-19      (3) 'Income deduction order' means any income deduction 
  3-20      order which is made pursuant to Code Section 19-6-32 and 
  3-21      which becomes effective upon a delinquency which 
  3-22      occurred on or after January 1, 1994, or which became 
  3-23      effective immediately without a delinquency on or after 
  3-24      January 1, 1994. 
 
  3-25    (b) Any term used in this Code section and defined in Code 
  3-26    Section 19-6-31 shall have the meaning provided for such 
  3-27    term in Code Section 19-6-31. 
 
  3-28    (c) As required by federal law, there shall be established 
  3-29    and operated a family support registry pursuant to IV-D 
  3-30    regulations and authority and funding provided to the 
  3-31    child support enforcement agency.  The child support 
  3-32    enforcement agency is authorized to establish and maintain 
  3-33    or contract for the establishment and maintenance of the 
  3-34    family support registry.  This registry shall be used for 
  3-35    the collection and processing of payments for support 
  3-36    orders in all cases which are enforced by the child 
  3-37    support enforcement agency and for all other support 
  3-38    orders not being enforced by the child support agency 
  3-39    which are subject to income deduction order as defined by 
  3-40    paragraph (3) of subsection (a) of this Code section. 
 
 
 
 
                                 -3- 
 
 
 
  4- 1    (d) The child support agency shall as required by federal 
  4- 2    law redirect payments for support orders in all cases 
  4- 3    being enforced by the child support agency and for all 
  4- 4    other support orders not being enforced by the child 
  4- 5    support agency which are subject to an income deduction 
  4- 6    order as defined by paragraph (3) of subsection (a) of 
  4- 7    this Code section.  These support payments to a court or 
  4- 8    receiver or private party by an employer shall be 
  4- 9    redirected to the family support registry. 
 
  4-10    (e) In implementing the family support registry, the child 
  4-11    support enforcement agency is authorized to: 
 
  4-12      (1) Receive, process, and disburse payments for child 
  4-13      support, child support when combined with spousal 
  4-14      support, child support arrears, or child support debt 
  4-15      for any order; 
 
  4-16      (2) Maintain records of any payments collected, 
  4-17      processed, and disbursed through the family support 
  4-18      registry; 
 
  4-19      (3) Establish and maintain a separate record for 
  4-20      payments made through the registry as a result of a 
  4-21      judgment remedy; 
 
  4-22      (4) Answer inquiries from any parent concerning payments 
  4-23      processed through the family support registry; and 
 
  4-24      (5) Collect a fee for the processing of insufficient 
  4-25      funds checks and issue a notice to the originator of any 
  4-26      insufficient funds check that no further checks will be 
  4-27      accepted from such person and that future payments shall 
  4-28      be required to be paid by cash or certified funds. 
 
  4-29    (f) On or after April 1, 1999, the child support 
  4-30    enforcement agency shall begin implementing the family 
  4-31    support registry.  The commissioner of the department or 
  4-32    the commissioner's designee shall notify the court 
  4-33    administrator and the chief judge of each judicial circuit 
  4-34    when new income deduction orders are to be directed to the 
  4-35    family support registry. 
 
  4-36    (g) Upon implementation of the family support registry in 
  4-37    any county or judicial circuit, the following procedures 
  4-38    shall be followed in such county or circuit: 
 
  4-39      (1) All administrative orders and all court orders 
  4-40      entered or modified which provide for income deduction 
  4-41      orders for support payments for child support, child 
 
 
 
                                 -4- 
 
 
 
  5- 1      support when combined with spousal support, child 
  5- 2      support arrears, or child support debt shall require 
  5- 3      that such payments be made through the family support 
  5- 4      registry; and 
 
  5- 5      (2) The child support enforcement agency shall send or 
  5- 6      cause to be sent a notice by first class mail directing 
  5- 7      that all income deduction order payments shall be made 
  5- 8      to the family support registry. Orders subject to this 
  5- 9      redirection include:  all support orders being enforced 
  5-10      by the child support agency and all other orders not 
  5-11      being enforced by the child support agency which are 
  5-12      subject to an income deduction order as defined in 
  5-13      paragraph (3) of subsection (a) of this Code section. 
  5-14      The notice shall be sent to the following persons: 
 
  5-15        (A) Any obligor who is obligated to make payments for 
  5-16        support, child support when combined with spousal 
  5-17        support, child support arrears, or child support debt 
  5-18        under court order or administrative order in a IV-D 
  5-19        case where the order does not already specify paying 
  5-20        through the family support registry; and 
 
  5-21        (B) Any employer or other payor of funds who has been 
  5-22        deducting income under Code Section 19-6-32. 
 
  5-23    (h) Any obligor or employer who receives a notice to 
  5-24    redirect payments as specified in subsection (g) of this 
  5-25    Code section who fails to make the payments to the family 
  5-26    support registry and who continues to make payments to the 
  5-27    court or to the IV-D agency shall be sent a second notice 
  5-28    to redirect payments. The second notice shall be sent 
  5-29    certified mail, return receipt requested.  Such notice 
  5-30    shall contain all the information required to be included 
  5-31    in the first notice to redirect payments and shall further 
  5-32    state that the obligor or employer has failed to make the 
  5-33    payments to the correct agency and that the payor or 
  5-34    obligor shall redirect the payments to the family registry 
  5-35    at the address indicated in the notice.  Failure to make 
  5-36    payments to the family support registry after a second 
  5-37    notice shall be grounds for contempt. 
 
  5-38      (i)(1) Any payment required to be made to the family 
  5-39      support registry which is received by the court, 
  5-40      receiver, or child support enforcement agency shall be 
  5-41      forwarded to the family support registry within two 
  5-42      business days after receipt.  All income deduction 
  5-43      payments from employers or such payments forwarded by 
 
 
 
                                 -5- 
 
 
 
  6- 1      the court, receiver, or child support enforcement agency 
  6- 2      shall be identified with the information specified by 
  6- 3      the family support registry, including but not limited 
  6- 4      to the court case number, social security number, the 
  6- 5      county where the case originated, and the name of the 
  6- 6      obligor.  A copy of the notice to redirect payments 
  6- 7      described in paragraph (g) of this Code section shall be 
  6- 8      mailed to the obligee and the court. 
 
  6- 9      (2) Except as provided by federal law, the family 
  6-10      support registry shall distribute all support amounts 
  6-11      payable within two business days after receipt from the 
  6-12      employer or other payment source. 
 
  6-13    (j) The department shall coordinate the operation of the 
  6-14    family support registry with the state case registry 
  6-15    created under Code Section 19-11-39 so as to reduce if not 
  6-16    eliminate the need for duplicate reporting and information 
  6-17    recording.  The department is authorized to enter into 
  6-18    cooperative agreements with the courts of the judicial 
  6-19    circuits in order to implement the family support 
  6-20    registry.  The department shall be authorized to establish 
  6-21    and collect from the income deduction order obligor or 
  6-22    other obligor paying support through the family support 
  6-23    registry an administrative fee.  The fee shall not exceed 
  6-24    $2.00 per payment or 5 percent of the amount of each 
  6-25    payment or the actual cost of processing and distributing 
  6-26    the child support from the source to the obligee, 
  6-27    whichever is the lesser. 
 
  6-28    (k) Nothing in this Code section shall allow or require 
  6-29    any reduction of child support payments paid to any parent 
  6-30    or guardian of a minor child." 
 
  6-31                           SECTION 4. 
 
  6-32  This Act shall become effective upon its approval by the 
  6-33  Governor or upon its becoming law without such approval. 
 
  6-34                           SECTION 5. 
 
  6-35  All laws and parts of laws in conflict with this Act are 
  6-36  repealed. 
 
 
 
 
 
 
 
 
 
                                 -6-