§ 19-11-15.Voluntary support agreement; notice and hearing; notice of final determination
Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2024 · Last verified October 9, 2026
Full Text of § 19-11-15
Plain-English Summary
This section turns the department’s investigation into an order. Once the Department of Human Services has finished investigating, has determined the absent parent’s ability to pay using the guidelines in § 19-6-15, and believes the parent can furnish a certain amount, it may ask the parent to sign a proposed consent order before any lawsuit is filed. The section calls this an exception to § 9-12-18. The consent order is subject to income withholding and covers both the support amount and accident and sickness insurance consistent with § 19-11-26. It can’t be set aside on the ground that the parties agreed before an action was filed, and income withholding issues under §§ 19-6-30 through 19-6-33.1.
If the parent won’t agree, the department may file an action in superior court or start an administrative action under the Georgia Administrative Procedure Act. Subsection (b) puts the administrative route on a tight schedule: the hearing is held within 20 days of the filing date, the parent gets notice at least ten days before the hearing, and the decision issues not more than ten days after it.
The administrative law judge’s decision on the parent’s ability to pay support and to provide insurance coverage is delivered in person or by first-class mail. The final order must provide for immediate income withholding and must tell the parent, in plain language, two things: that failing to pay may lead to foreclosure of liens on real or personal property, garnishment of earnings or other personal property, or other collection actions; and that the parent may appeal within 30 days.
Under subsection (d), a final administrative support order has the full force and effect of a superior court order. It can be enforced by filing it with the superior court in a contempt action, and every other legal remedy is available too. The section was last amended in 2024.
Frequently Asked Questions
Can Georgia DHS set child support without going to court?
Yes. If the parent won’t sign a proposed consent order, the department may start an administrative action under the Georgia Administrative Procedure Act instead of filing in superior court. An administrative law judge decides the parent’s ability to pay support and to provide insurance. The final administrative order has the full force and effect of a superior court order.
What is a consent order for child support from DHS in Georgia?
It’s an agreed support order the department may ask a parent to sign before any lawsuit is filed, after determining his or her ability to pay under § 19-6-15. It sets the support amount and accident and sickness insurance coverage, is subject to income withholding, and can’t be set aside just because the parties agreed before the action was filed.
How fast is a Georgia administrative child support hearing?
Fast. The hearing must be held within 20 days of the filing date, the parent must be notified at least ten days before it, and the decision must issue not more than ten days after the hearing. The decision is delivered to the parent personally or by first-class mail.
How long do I have to appeal an administrative child support order in Georgia?
Thirty days. The final order must tell the absent parent in plain language that he or she has the right to appeal the determination within 30 days. It must also warn that failing to pay may lead to foreclosure of liens on property, garnishment of earnings or other collection actions.
Can an administrative child support order be enforced by contempt in Georgia?
Yes. A final administrative order for support has the full force and effect of a superior court order and is enforceable upon filing with that court under an action for contempt. All other remedies available under the law can also be used to enforce it.
Amendment History
Laws 1973, p. 192, §§ 11, 12; Laws 1976, p. 1537, § 12; Laws 1989, p. 861, § 5; Laws 1997, p. 1613, § 27; Laws 2017, Act 242, § 1-21, eff. July 1, 2017; Laws 2024, Act 428, § 6, eff. July 1, 2024.