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Laws
Laws & Legislation
The IV-D program is grounded in both federal and state statutes as well as judicial rules, laws and procedures. The Office of Child Support Enforcement (OCSE) within the Department of Human Resources is the state agency charged with administering the IV-D program in the state of Georgia. The federal statutory basis for the program is U.S. Public Law 93-647, Title IV-D of the Social Security Act. The state statutory basis is in Title 19 of the Official Code of Georgia.
The policies and procedures that govern most aspects of the child support program in Georgia are the Code of Federal Regulations (CFR) in 45 CFR, Parts 200 to 499; Title 19 of the Georgia Code; and the Department of Human Resources Rules 290-7-1. Additionally, existing policies and procedures may be affected by case law as well as administrative court and judicial proceedings.
The Title IV-D Child Support Enforcement Program was created in 1975 to establish uniform procedures and rules for providing child support enforcement services nationally.
The Department of Human Resources, Office of Child Support Enforcement administers Georgia’s child support enforcement program through State Staff as well as Cooperative Agreements. OCSE provides child support services at the local level to establish paternity and child support orders, and enforce support obligations for approximately one-quarter of Georgia’s children. To collect unpaid support from a noncustodial parent, OCSE may attach the person’s income, suspend a driver’s or professional license, seize a bank account or other financial assets, intercept a Federal or State income tax refund, intercept lottery winnings, and report arrears to consumer credit reporting agencies.
The Code of Federal Regulations (CFR) Cites:
45 CFR 303.6 and 303.100
The United States Code Cites:
42 USC 652(a)(11)
42 USC 654(9)(E)
42 USC 659(f) 666(b)(6), (8), (c)(1)(F)
42 USC 666(c)
Official Code of Georgia Cites:
Georgia Laws can be found at the Georgia
General Assembly Web Site:
O.C.G.A. §19-6-30 through §19-6-33.1: Income Withholding
O.C.G.A. §19-6-17: Lien by Operation of Law
O.C.G.A. §19-11-18 Worker’s Compensation Lien
O.C.G.A. §19-11-30.2 through §19-11-39 Financial Institution Data
Match
O.C.G.A. §19-11-124 UIFSA Authorized Action
O.C.G.A. §40-3-53 Motor Vehicle Lien