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§ 19-11-10.Investigation to determine ability to support; notification of parent; information forms; penalty for falsifying parents’ report

Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 1976 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-10 lets Georgia’s Department of Human Services investigate whether a parent of a child on public assistance can pay support when no court order exists, requires a sworn financial statement, and punishes falsifying it as false swearing.

Full Text of § 19-11-10

Text sizeJump to: (a) (b) (c) (d) (e)

(a) In cases in which a parent's obligation to support has not already been established by a court order, the department may conduct investigations to determine whether a responsible parent is able to support the dependent child receiving public assistance. The department shall notify the parents of any such planned investigation.
(b) The department shall notify the parent of his legal duty to support his child or children and shall request information concerning his financial status in order to determine whether he is financially able to provide support.
(c) The notice shall inform the parent that he may be liable for reimbursement of any support furnished prior to determination of his financial circumstances as well as future support.
(d) Information requested shall be submitted on forms prescribed by the department and shall contain a sworn declaration of income, resources, and other matters bearing on the parent's ability to provide support. The department shall review the forms returned by each obligor and supplement the information provided therein, where required.
(e) Any person who knowingly falsifies the parent's report of his income and resources shall be punished as for false swearing.
End

Plain-English Summary

This section governs the first step when there’s no court order yet. In cases where a parent’s support obligation hasn’t been set by a court order, the Department of Human Services may investigate whether a responsible parent can support a dependent child who receives public assistance. If it plans an investigation, the department shall notify the parents.

The department must also tell the parent about the legal duty to support his or her children and request information about the parent’s finances, so it can decide whether the parent is able to pay. That notice must warn the parent that he or she may be liable not only for future support but also for reimbursement of support furnished before the department determines the parent’s financial circumstances. That warning connects to § 19-11-5, which makes public assistance paid for a child a debt the responsible parent owes the state.

The information goes on forms the department prescribes and must include a sworn declaration of income, resources and anything else bearing on the parent’s ability to pay. The department reviews each returned form and adds information where needed. Because the statement is sworn, anyone who knowingly falsifies a parent’s report of income and resources shall be punished as for false swearing.

What happens next is in § 19-11-15: once the department finishes its investigation and decides, using the guidelines in § 19-6-15, that the parent can pay a certain amount, it may propose a consent order or bring a court or administrative action. Section 19-11-11 gives the department subpoena power for the investigation. This section was last amended in 1976.

Frequently Asked Questions

Can Georgia DHS investigate my finances for child support?

Yes, when your child receives public assistance and no court order has set your support. The department may investigate whether you’re able to support the child, but it shall notify the parents of any planned investigation. It also must tell you about your legal duty of support and request information about your financial status.

Do I have to fill out a financial form for Georgia child support services?

The department requests the information on forms it prescribes, and those forms must contain a sworn declaration of your income, resources and other matters bearing on your ability to pay. The department reviews the returned forms and may add information. It can also use subpoenas under § 19-11-11 to compel witnesses and documents.

Can I owe back support for public assistance paid before my case was set up?

You may. The notice the department sends must tell the parent that he or she may be liable for reimbursement of any support furnished before the department determines the parent’s financial circumstances, as well as future support. Section 19-11-5 treats public assistance paid for a child as a debt owed to the state.

What happens if I lie on a Georgia child support financial statement?

You can be prosecuted. Any person who knowingly falsifies the parent’s report of income and resources shall be punished as for false swearing. The report is a sworn declaration of income, resources and other matters bearing on the parent’s ability to pay, which is why falsifying it carries that criminal consequence.

What happens after DHS finishes investigating my ability to pay?

Under § 19-11-15, if the department decides from its investigation and the § 19-6-15 guidelines that you can pay a certain amount, it may ask you to enter into a proposed consent order. If you won’t, it may file in superior court or start an administrative action. This section covers only the investigation and notice stage.

Amendment History

Laws 1973, p. 192, §§ 9, 10; Laws 1976, p. 1537, § 8.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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