§ 19-11-151.Obligation of employer upon receipt of income withholding order
Chapter 11. Enforcement of Duty of Support · Article 3. Uniform Interstate Family Support Act · Part 5. Direct Enforcement of Order of Another State Without Registration · Last amended 2024 · Last verified October 9, 2026
Full Text of § 19-11-151
Plain-English Summary
When an income withholding order from another state arrives directly under § 19-11-150, this section sets out the employer’s duties. First, the employer “shall immediately” give a copy of the order to the obligor. Second, the employer must treat an out-of-state order that appears regular on its face as if a Georgia tribunal had issued it.
Third, the employer must withhold and distribute the funds as the order directs by following its terms on five points: (1) the duration and amount of periodic current child support, stated as a sum certain; (2) the person designated to receive payments and the address for sending them; (3) medical support, whether as a periodic cash payment stated as a sum certain or as an order that the obligor provide health insurance coverage for the child through a policy available at work; (4) periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee’s attorney, stated as sums certain; and (5) periodic payments of arrearages and interest on them, stated as sums certain.
Those terms give way in two places. Under subsection (d), the employer must follow the law of the state of the obligor’s principal place of employment on three subjects: the employer’s processing fee, the maximum amount that may be withheld, and the time periods for implementing the order and forwarding payment. And § 19-11-152 governs when the employer holds two or more orders for the same obligor.
When the obligor principally works in Georgia, the notice-to-payor rules in § 19-6-33(f) address those subjects: a payor may collect up to $25.00 for the first payment and up to $3.00 for each later one, may not charge a fee for health benefit plan enrollment, must implement withholding no later than the first pay period that occurs after 14 days following the date the notice was mailed, and must forward withheld amounts within two business days after each payment date. The section was last amended in 2024.
Frequently Asked Questions
What does an employer do when it gets an out-of-state child support withholding order?
Give the employee a copy immediately, then withhold and pay as the order directs. A Georgia employer must treat an out-of-state order that appears regular on its face as if a Georgia tribunal issued it. It follows the order’s terms on current support, the payee, medical support, fees and costs, and arrearages, but applies the law of the employee’s principal place of employment on fees, withholding limits and timing.
Does a Georgia employer have to honor a child support withholding order from another state?
Yes, if the order appears regular on its face. Subsection (b) says the employer shall treat it as if it had been issued by a Georgia tribunal. An employer that willfully fails to comply faces the same penalties as for ignoring a Georgia order (§ 19-11-154), while one that complies is protected from civil liability (§ 19-11-153).
Which state’s limit applies to how much can be withheld from my paycheck?
The state where you principally work. Under subsection (d), the employer must follow the law of the state of the obligor’s principal place of employment on the maximum amount that may be withheld, the employer’s processing fee, and the deadlines for starting withholding and forwarding payments — even if the order came from another state.
How much can a Georgia employer charge to process child support withholding?
If the employee principally works in Georgia, Georgia law sets the fee. Under § 19-6-33(f)(5), the payor may collect up to $25.00 from the obligor’s earnings for the first payment and up to $3.00 for each subsequent payment, and may not withhold a fee for complying with an order or notice for enrollment in a health benefit plan.
How quickly must a Georgia employer start withholding under an out-of-state order?
The copy to the employee must go out immediately. The deadlines to implement withholding and forward payments come from the law of the employee’s principal place of employment. For Georgia, § 19-6-33(f) calls for implementing withholding no later than the first pay period that occurs after 14 days following the date the notice was mailed, and forwarding amounts within two business days after each payment date.
Amendment History
Laws 1997, p. 1613, § 33; Laws 2013, Act 224, § 1, eff. July 1, 2013; Laws 2024, Act 428, § 9, eff. July 1, 2024.