§ 19-11-11.Department subpoenas; court order requiring compliance
Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2009 · Last verified October 9, 2026
Full Text of § 19-11-11
Plain-English Summary
This section gives the Department of Human Services investigative teeth. To decide whether a parent is able to pay support, the department may examine any books, papers or memoranda bearing on that question. For that purpose it may issue subpoenas — signed by the commissioner or an authorized representative — to compel witnesses to appear and to require production of relevant documents.
Subpoenas for witnesses are served the same way as if a superior court had issued them. If someone ignores a subpoena issued and served under this section on a matter germane to the department’s investigation, the department, through the commissioner of human services or an authorized representative, may apply to the superior court of the county where the person was required to appear. That court may order the person to comply, testify and produce the documents. The word “may” leaves the decision to the judge.
The section works hand in hand with § 19-11-10, which lets the department investigate a parent’s ability to pay and request a sworn financial statement. When the parent or a third party — an employer, a bank, a business partner — won’t cooperate voluntarily, this subpoena power fills the gap. Separate information-gathering tools, including mandatory responses from employers and other entities, appear in § 19-11-9.1. This section was last amended in 2009.
Frequently Asked Questions
Can Georgia child support services subpoena my records?
Yes. The department may examine books, papers and memoranda bearing on a parent’s ability to support, and may issue subpoenas through its commissioner or an authorized representative to compel witnesses to attend and to produce relevant documents. Witness subpoenas are served in the same manner as if a superior court had issued them.
What if I ignore a DHS child support subpoena in Georgia?
The department can go to court. If you fail to obey a subpoena on a matter germane to the investigation, the department may apply to the superior court of the county where you were required to appear. That court may issue an order requiring you to comply, testify and produce the documents. Disobeying a court order brings its own consequences.
Who signs a Georgia child support administrative subpoena?
The commissioner of human services or the commissioner’s duly authorized representative. This section lets the department issue subpoenas through its commissioner or an authorized representative, and the same officials apply to the superior court if someone fails to comply. Witness subpoenas are served as if a superior court had issued them.
What can DHS subpoena in a child support investigation?
Witnesses and relevant documents bearing on whether a parent is able to pay support. The section covers any books, papers or memoranda bearing on that determination. The subpoena power is tied to the department’s investigation into the ability to support, the purpose this section names.
Which court enforces a DHS child support subpoena?
The superior court of the county in which the person was required to appear. On the department’s application, that court may issue an order requiring the person to comply with the subpoena, testify and produce the relevant documents. The application must concern a matter germane to the department’s investigation, and whether to issue the order is up to the judge.
Amendment History
Laws 1973, p. 192, § 10; Laws 1976, p. 1537, § 9; Laws 2009, Act 102, § 2-4, eff. July 1, 2009.