Post by Jim on Feb 12, 2010 14:55:43 GMT -5
STATEMENT OF THE CASE
This appeal arises from an Order issued by the Superior Court of Newton County (R-36-39) denying the Department’s “Petition to Adopt Agency Recommendation” (hereinafter referred to as “Petition”) in a child support modification action authorized by O.C.G.A. section 19-11-12. (R-5-11).
This Court granted the Department’s Application for Discretionary Appeal. (R-4). It is the Department’s contention that the trial court committed reversible error by failing to apply the plain language of O.C.G.A. sections 19-11-3, 19?11?6, 19?11?8, and 19?11?12, as amended by the General Assembly in 2003.
Additionally, the trial court erred by following this Court’s decisions in Allen v. Georgia Dept. of Human Resources, 262 Ga. 521 (1991) and Georgia Dept. of Human Resources v. Allison, 276 Ga. 175 (2003), which were made inapplicable as a result of the amendments to the “Child Support Recovery Act” (hereinafter referred to as “the Act” or “Act”), codified at O.C.G.A. §§ 19-11-1 et seq., enacted by the General Assembly in its 2003 legislative session.
This appeal arises from an Order issued by the Superior Court of Newton County (R-36-39) denying the Department’s “Petition to Adopt Agency Recommendation” (hereinafter referred to as “Petition”) in a child support modification action authorized by O.C.G.A. section 19-11-12. (R-5-11).
This Court granted the Department’s Application for Discretionary Appeal. (R-4). It is the Department’s contention that the trial court committed reversible error by failing to apply the plain language of O.C.G.A. sections 19-11-3, 19?11?6, 19?11?8, and 19?11?12, as amended by the General Assembly in 2003.
Additionally, the trial court erred by following this Court’s decisions in Allen v. Georgia Dept. of Human Resources, 262 Ga. 521 (1991) and Georgia Dept. of Human Resources v. Allison, 276 Ga. 175 (2003), which were made inapplicable as a result of the amendments to the “Child Support Recovery Act” (hereinafter referred to as “the Act” or “Act”), codified at O.C.G.A. §§ 19-11-1 et seq., enacted by the General Assembly in its 2003 legislative session.
This is full of Georgia Title IV-D and child support caselaw, code, and other information.
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