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§ 19-11-12.Review of orders for child support; review procedures; order adjusting support award amount; no release from liability due to subsequent financial obligation

Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2024 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-12 sets how Georgia’s child support enforcement agency reviews IV-D support orders under the § 19-6-15 guidelines, including the 36-month review cycle, notice and objection deadlines, and how a recommended increase or decrease becomes an order.

Full Text of § 19-11-12

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

(a) The child support enforcement agency shall review orders for child support in accordance with the guidelines prescribed in Code Section 19-6-15.
(1) The child support enforcement agency shall periodically give notice to the obligor and obligee who are subject to a IV-D court order for child support of the right of each to request a review of the order by the child support enforcement agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request, in writing, a review nor the right of the child support enforcement agency to conduct a review and to recommend an adjustment to the order. Such notice may be included in the initial order or review recommendation.
(2) The establishment of a child support order or the entry of an order to modify a child support order or a determination of no change to a child support order under this Code section shall commence a 36 month cycle, the purpose of which is to provide the parties the right to a review of the order at least every 36 months or in such shorter cycle as the child support enforcement agency may determine. The failure of either party to request a review at least once every 36 months shall not affect the right of either party to request a review nor the right of the child support enforcement agency to conduct a review and to recommend an adjustment to the order at any time beyond the 36 month cycle.
(1) All child support enforcement agency orders that are active TANF cases shall be reviewed under this Code section following the expiration of the thirty-sixth month after the order was issued, without a request from the obligor or obligee. All other orders for support being enforced by a child support enforcement agency shall be eligible for review pursuant to this Code section upon application and payment of fees required by the child support enforcement agency at the completion of the review.
(2) If the request for the review occurs less than 36 months since the last issuance or last review of the order, the child support enforcement agency shall review, and if the requesting party demonstrates a substantial change in circumstances, seek to modify the order in accordance with the guidelines as provided by paragraph (2) of subsection (d) of this Code section.
(3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances, the need for additional support, or that the needs of the child have decreased. The sole basis for a recommendation for a change in the award of support under this paragraph shall be a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15.
(1) The child support enforcement agency shall notify the obligor and obligee at least 30 days before the commencement of a review of a child support order.
(2) The child support enforcement agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. The child support enforcement agency shall not be deemed to be representing either the obligee or obligor in a proceeding under this Code section.
(3) Upon completion of a review, the child support enforcement agency shall send notice by first-class mail to the obligor and obligee at their last known addresses of a proposed adjustment or a determination that there should be no change in the child support award amount.
(4)
(A) In the case of an administrative order, the child support enforcement agency shall request the administrative law judge to increase or decrease the amount in the existing order in accordance with such agency recommendation. If either the obligor or the obligee files with the child support enforcement agency written objections to such agency's proposed child support order adjustment or determination of no change to the child support order within 33 days of the mailed notice, the matter shall be scheduled for an administrative hearing within the Office of State Administrative Hearings. The administrative order adjusting the child support award amount which results from a hearing or the failure to object to the child support enforcement agency's proposed adjustment or determination of no change shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support.
(B) In the case of a judicial order, the child support enforcement agency shall file a petition asking the court to adopt such agency's proposed adjustment or determination of no change to the child support order which shall be filed contemporaneously with such agency's mailed notice and shall serve such petition upon the obligor and obligee in the manner provided in subsection (e) of Code Section 9-11-4. Upon the filing of a written objection to the child support enforcement agency's proposed adjustment or determination of no change with the clerk of the superior court and with such agency, a de novo proceeding shall be scheduled with the court on the matter. If neither party files an objection within 30 days from the service of the petition, the court shall issue an order adopting the recommendation of the child support enforcement agency. As part of the order adjusting the child support award, the court shall address the issue of an income withholding order pursuant to Code Sections 19-6-30 through 19-6-33.1.
(e) When the trier of fact, the administrative law judge for administrative orders, or a judge of the superior court for court orders, as the case may be, determines that there is a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the trier of fact may use this inconsistency as the basis to increase or decrease the amount of support ordered. The trier of fact may also address the repayment of any arrears accumulated under the existing order.
(f) An obligor shall not be relieved of his or her duty to provide support when such obligor has brought about his or her own unstable financial condition by voluntarily incurring subsequent obligations.
(g) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.
End

Plain-English Summary

This section is the state agency’s route to changing a child support amount. The child support enforcement agency reviews orders under the guidelines in § 19-6-15. It must periodically tell both parties to a IV-D order that each may request a review. That notice should come within 36 months after the order was set or last reviewed, but missing that window doesn’t take away either party’s right to request a review in writing or the agency’s right to conduct one. Every order, modification or no-change determination starts a new 36-month cycle.

Timing changes the standard. Active TANF cases are reviewed automatically after the 36th month, with no request needed. Other agency-enforced orders are eligible for review on application, with fees due when the review is completed. If someone requests a review less than 36 months after the last order or review, the agency reviews it and seeks a modification only if the requesting party shows a substantial change in circumstances. If 36 months or more have passed, no such showing is needed; the only basis for recommending a change is a significant inconsistency between the current order and what § 19-6-15 would produce.

The agency must notify both parties at least 30 days before a review begins. If it finds a significant inconsistency, it recommends an increase or decrease. It doesn’t represent either parent. When the review ends, it mails both parties, by first-class mail, either a proposed adjustment or a determination of no change. What happens next depends on the kind of order. For an administrative order, the agency asks an administrative law judge to adjust it; a party who files written objections with the agency within 33 days of the mailed notice gets a hearing at the Office of State Administrative Hearings. The administrative order that results — from the hearing, or from no one objecting — has the full effect of a modification once filed with the local clerk. For a court order, the agency files a petition when it mails its notice and serves both parties under § 9-11-4(e). A written objection filed with the superior court clerk and the agency leads to a de novo proceeding; if no one objects within 30 days of service, the court shall adopt the recommendation and address income withholding under §§ 19-6-30 through 19-6-33.1.

The administrative law judge or superior court judge may use a significant inconsistency to raise or lower support and may also address repayment of arrears. One firm rule closes the section: a parent who brings on his or her own financial instability by voluntarily taking on later obligations isn’t relieved of the duty to support. The section was last amended in 2024.

Frequently Asked Questions

How often can I ask Georgia child support services to review my order?

You can ask at any time, but the standard differs. Each order or review starts a 36-month cycle. If you ask less than 36 months after the last order or review, the agency seeks a change only if you show a substantial change in circumstances. At 36 months or later, you don’t need that showing; the agency looks only for a significant inconsistency with the § 19-6-15 guidelines.

How do I object to a proposed child support change from DHS in Georgia?

It depends on the order. For an administrative order, file written objections with the child support enforcement agency within 33 days of the mailed notice, and the matter goes to a hearing at the Office of State Administrative Hearings. For a court order, file a written objection with the superior court clerk and the agency; that triggers a new hearing in court. If no one objects within 30 days of service, the court shall adopt the agency’s recommendation.

Does the Georgia child support agency represent me in a review?

No. The section says the child support enforcement agency shall not be deemed to represent either the obligee or the obligor in a review proceeding. It applies the § 19-6-15 guidelines and recommends an increase, a decrease or no change, but neither parent is its client.

Will DHS review my child support automatically in Georgia?

Only for active TANF cases. Agency orders in active TANF cases shall be reviewed after the 36th month following issuance, without a request from either parent. Other orders the agency enforces are eligible for review on application and payment of the fees the agency requires at the completion of the review.

Can I lower my child support because I took on new debts in Georgia?

Not on the ground that you chose new obligations. This section says an obligor shall not be relieved of the duty to support when he or she has brought about an unstable financial condition by voluntarily incurring subsequent obligations. Any change still depends on the § 19-6-15 guidelines, which separately address other children a parent supports, and on the decision of the administrative law judge or superior court judge.

Amendment History

Laws 1973, p. 192, § 11; Laws 1976, p. 1537, § 10; Laws 1989, p. 861, § 4; Laws 1996, p. 412, § 3; Laws 1997, p. 1021, § 8; Laws 1999, p. 81, § 19; Laws 1999, p. 906, § 1; Laws 2003, Act 175, §§ 6 to 8, eff. July 1, 2003; Laws 2004, Act 564, § 19, eff. May 13, 2004; Laws 2010, Act 410, § 2, eff. July 1, 2010; Laws 2017, Act 242, §§ 1-20, 2-3, eff. July 1, 2017; Laws 2024, Act 428, § 5, eff. July 1, 2024.

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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