§ 19-11-126.Support enforcement agency’s services; determining controlling order; foreign currency conversion; enforcement of support order and income withholding order of another state; absence of fiduciary relationship

Georgia’s support enforcement agency is the Department of Human Services, under Code Section 19-11-102(b). Subsection (a) says that, upon request, it shall provide services to a petitioner in a proceeding under the interstate support act.

Subsection (b) lists what the agency shall do while serving a petitioner. It takes all steps necessary to let an appropriate tribunal of Georgia, another state or a foreign country obtain jurisdiction over the respondent. It asks the tribunal to set a date, time and place for a hearing. It makes a reasonable effort to obtain all relevant information, including the parties’ income and property. Within five days, not counting Saturdays, Sundays and legal holidays, after receiving a written notice in a record from an initiating, responding or registering tribunal, it sends a copy to the petitioner or other appropriate agency. Within the same five-day period after receiving a written communication in a record from the respondent or the respondent’s attorney, it sends a copy to the petitioner. And it notifies the petitioner if jurisdiction over the respondent can’t be obtained.

Subsections (c) through (e) add duties. When the agency asks to register a child support order in Georgia for enforcement or modification, it shall make reasonable efforts to ensure the order is the controlling one or, if two or more orders exist and none has been named controlling, to ensure someone asks a tribunal with jurisdiction to decide. When it seeks to register and enforce a support order, arrears or judgment stated in a foreign currency, it shall convert the amounts into dollars at the applicable official or market exchange rate as publicly reported. And when another state’s agency asks under Code Section 19-11-138, it shall issue, or ask a Georgia tribunal to issue, a child support order and an income withholding order redirecting payment of current support, arrears and interest.

Subsection (f) draws a line: the article creates no attorney-client or other fiduciary relationship between the agency, or its attorney, and the person the agency is helping. If the Attorney General determines that the agency is neglecting or refusing to provide services, Code Section 19-11-127(a) lets the Attorney General provide them directly. The section was amended in 2013.