§ 19-11-16.Periodic redeterminations and reinvestigations
Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 1973 · Last verified October 9, 2026
Full Text of § 19-11-16
Plain-English Summary
A parent’s finances change, and this section lets the Department of Human Services keep up. The department may conduct periodic redeterminations and reinvestigations of a parent’s ability to furnish support. The word “may” makes these discretionary; the section doesn’t set a schedule.
The second sentence adds a procedural safeguard. Any initial determination of ability to pay, and any increase in the amount of support, must go through the same procedure as determinations under § 19-11-15. That means the department may propose a consent order, and if the parent won’t sign, it may file in superior court or start an administrative action — with a hearing within 20 days of filing, at least ten days’ notice to the parent, a decision within ten days after the hearing, and a 30-day right to appeal.
This section works with its neighbors. Section 19-11-17 lets a parent who has been found able to pay under § 19-11-15 or this section, but can no longer pay because of a change in circumstances, demand a redetermination hearing, which the department must hold within 30 days of the request. For IV-D support orders, § 19-11-12 sets out the separate review-and-adjustment process tied to the § 19-6-15 guidelines and the 36-month cycle. The section is part of the original 1973 Act and has not been amended.
Frequently Asked Questions
Can Georgia DHS recheck my ability to pay child support?
Yes. The department may conduct periodic redeterminations and reinvestigations of a parent’s ability to furnish support. It’s discretionary — the section uses “may” — and it doesn’t set a fixed schedule for these reviews. If a redetermination leads to an increase, the increase must go through the § 19-11-15 procedure.
Does the department need a hearing to raise child support in Georgia?
It must follow § 19-11-15’s procedure. Any increase in the amount of support is subject to the same procedure as determinations under § 19-11-15. That includes asking the parent to sign a consent order and, failing that, filing in superior court or starting an administrative action, where the parent gets notice, a hearing and a right to appeal.
What if I can no longer afford the support DHS set?
Section 19-11-17 lets a parent who was found able to pay under § 19-11-15 or this section, but can’t pay because of a change in circumstances, demand a hearing for redetermination. The department must hold that hearing within 30 days after receiving the request. Whether the amount changes depends on the result.
Is a redetermination the same as a § 19-11-12 review?
Has this section changed since 1973?
No. The credits cite only the 1973 session laws. The provision allowing periodic redeterminations, and requiring initial determinations and increases to follow the § 19-11-15 procedure, has stayed the same since the Child Support Recovery Act was adopted. Neighboring sections, such as § 19-11-15, have been amended since.
Amendment History
Laws 1973, p. 192, § 13.