§ 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
Full Text of § 19-11-12
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.