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Post by Jim on Mar 6, 2009 9:15:22 GMT -5
The Question is: Does Title IV-D supercede a standing GA Superior Court Child Support Order? So What Do I Do Now? Child Support Enforcement – Issues & Options Georgia State Law Library - Loaded wioth GA Code and info. law.gsu.edu/library/index/bibliographies/view?id=178 |
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Post by Harrison on Mar 6, 2009 10:40:34 GMT -5
www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000667----000-.htmlstate guidelines for child support awards Jim, From what I see in this hole chap. 7 sub ch. IV part D is the feds. give the states mega power, but how the states use it is defined by each state. I also know that even the fed. dist. court is bound by the laws of each dist. unless the law is being challenged or found to be unlawful it self. So what you posted and highlighted the other day is probably the answer it's just a matter of hook a GA statue number to it.
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Post by Jim on Mar 6, 2009 10:52:12 GMT -5
Continuing Exclusive Jurisdiction (CEJ)
The doctrine that only one support order should be effective and enforceable between the same parties at any one time and that when a particular court has acquired jurisdiction to determine child support and custody, it retains authority to amend and modify its orders therein. This Court of Continuing Exclusive Jurisdiction (CCEJ) continues to have jurisdiction over a support issue until another court takes it away. Defined in the Uniform Interstate Family Support Act (UIFSA). (See also: Uniform Interstate Family Support Act)
Court Order
A legally binding edict issued by a court of law. Issued by a magistrate, judge, or properly empowered administrative officer. A court order related to child support can dictate how often, how much, what kind of support a non-custodial parent is to pay, how long he or she is to pay it, and whether an employer must withhold support from their wages.
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Post by Jim on Mar 6, 2009 10:57:19 GMT -5
Thanks Harrison, were you talking about this highlight?
From GA Enforcements Homepage
Step 5: Set up Payment
After a child support order is in place, the support amount will be deducted from the non-custodial parent's paycheck. State law requires immediate income withholding in most cases. This is an easy way for the non-custodial parent to make child support payments. It also provides the non-custodial parent with a record of payments made. If support payments are not deducted from the non-custodial parent's paycheck, they should be paid as directed in the court order. It is very important to keep records of the payments that are made.
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Post by Harrison on Mar 6, 2009 11:13:04 GMT -5
OK, so let's see if we can find the statue that supports this! ready, GO!
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Post by Jim on Mar 6, 2009 11:28:03 GMT -5
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Post by Jim on Mar 6, 2009 12:22:38 GMT -5
What do you make of this highlighted below?
OCGA Code 19-11-3. Definitions
As used in this article, the term:
(1) "Court order for child support" means any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter.
(2) "Department" means the Department of Human Resources.
(3) "Dependent child" means any person under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(4) "Duty of support" means any duty of support imposed or imposable by law or by court order, decree, or judgment.
(5) "IV-D" means Title IV-D of the federal Social Security Act.
(6) "IV-D agency" means the Child Support Enforcement Agency of the Department of Human Resources and its contractors.
(7) "Parent" means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing.
This doesnt look good either...........
TITLE 19. DOMESTIC RELATIONS
CHAPTER 11. ENFORCEMENT OF DUTY OF SUPPORT
ARTICLE 1. CHILD SUPPORT RECOVERY ACT
O.C.G.A. § 19-11-6 (2008)
§ 19-11-6. Enforcement of child support payments and alimony for public assistance recipients
(a) By accepting public assistance for or on behalf of a child or children, including foster care maintenance payments made pursuant to Title IV-E of the federal Social Security Act, the recipient shall be deemed to have made an assignment to the department of the right to any child support owed for the child. The department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this state and to recover any payments ordered by the courts of this or any other state. Amounts collected by the department shall be distributed and deposited by the department in conformity with law.
(b) Whenever a family for whom child support services have been provided ceases to receive public assistance, including medical assistance, the department shall continue to provide services and collect such support payments from the absent parent in accordance with standards prescribed pursuant to the federal Social Security Act.
(c) The department shall accept applications for child support services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act.
(d) The department shall accept applications for alimony enforcement services from any proper party or person if the right to alimony has been assigned to the department. The application for enforcement shall apply only to alimony while there is a court order for alimony, while the dependent child is living with the spouse or former spouse, and while a child support obligation is also being enforced by the department.
(e) The department shall accept applications for IV-D services from noncustodial parent obligors. The department, by virtue of the acceptance of such applications for IV-D services, is authorized to take any action allowed by this chapter including, but not limited to, the review and modification of support awards, whether such awards are modified upward or downward, pursuant to Code Section 19-11-12. The proceeds of any collections resulting from such applications shall be distributed in accordance with the standards prescribed in the federal Social Security Act.
(f) The department shall be authorized to charge the obligee a federal Deficit Reduction Act of 2005 fee of $12.00 to be paid at the rate of $1.00 per month after the IV-D agency has collected $500.00 of child support annually for each case. The department shall retain such fee and deduct such fee from child support collections before disbursement to the obligee. Such fee shall only apply to an obligee who has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act.
(g) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $13.00 to be paid in 12 monthly installments after the IV-D agency has collected $500.00 of child support annually for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the IV-D agency responsible for child support enforcement.
I don't know what to think Harrison, do they speaketh with a forked tongue?
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Post by Jim on Mar 6, 2009 15:58:15 GMT -5
PS: She does get "Peacecare for Kids" medical support through the state of Georgia for my daughter. This is probably the loop-hole that will drag me into this somehow in my opinion.
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Post by Jim on Mar 8, 2009 12:51:29 GMT -5
Georgia Code - Domestic Relations - Title 19, Section 19-11-18 (a) The IV-D agency, in accordance with Title IV, Part D of the federal Social Security Act, is authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a judgment or support order of a court or an order from a IV-D agency of competent jurisdiction. These collection procedures shall include, but not be limited to, notification of employers that a wage assignment is in effect and not suspended; notification of obligors; demand letters; use of state and federal income tax refund intercept programs; initiation of contempt proceedings; the use of liens, levies, and seizures as provided in subsections (b) and (c) of this Code section; the use of the services of any person providing collection services to the department; seeking warrants in appropriate situations; attachment or lien against property; civil actions to reach and apply; and any other civil or administrative remedy available for the enforcement of judgments or for the enforcement of support or custody orders. MORE: law.onecle.com/georgia/19/19-11-18.html |
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Post by Harrison on Mar 8, 2009 18:42:13 GMT -5
The GA legislature site and it's laws and rules are a SOB to use. On WA site when your reading laws and need to look at a reference to a law, just click and your at the other law.
I don't know were else to look, maybe in the rules but those have to fallow state and fed. guide lines. I doubt there's any thing there but more double talk. OCGA would trump any of them.
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Post by Jim on Mar 9, 2009 5:22:56 GMT -5
I agree, I will have to use all OCGA Code to work through this in court. I use lexis nexis to do my research, you have to click the "natural language" button which makes searching easier. www.lexis-nexis.com |
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Post by Jim on Mar 28, 2009 11:33:30 GMT -5
From Amy at Georgia Family Rights
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Post by Harrison on Mar 30, 2009 11:05:01 GMT -5
It sounds like Amy has been there done that, it will be interesting to see what your judge has to say, but I'm sure she has it right! How long until DSHS passes a bill to over rule the court? You know so they can make things more efficient. I'll bet it's in the works!
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