§ 19-11-38.Required financial institution action
Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2017 · Last verified October 9, 2026
Full Text of § 19-11-38
Plain-English Summary
This section spells out the bank’s side of a child support levy. Upon receiving a notice under § 19-11-35, the financial institution shall do two things. First, it shall immediately encumber — freeze — funds in all accounts in which the obligor has an interest, up to the amount of the debt stated in the notice. Second, it shall forward the frozen money to the child support enforcement agency no sooner than 15 days and no later than 20 days from the date it receives the notice.
That gap of 15 to 20 days is what gives the challenge process in §§ 19-11-36 and 19-11-37 room to work. If the agency notifies the bank that an obligor or an account holder of interest has challenged the levy, the money shall not be forwarded. It stays frozen while the challenge runs its course. Money that is forwarded must come with the obligor’s name and Social Security number, the child support enforcement account number, and any other information the notice requires.
The bank may assess a fee against the obligor, not to exceed $10.00, for forwarding the money. The fee is in addition to the support due. If there isn’t enough money to cover both the fee and the support, the bank may take the fee first, and the amount credited to the support obligation is reduced by the fee. This forwarding fee is separate from the levy fee of $20.00 to $50.00 that § 19-11-30.11 lets a bank charge a levied account.
Note the reach of the freeze: all accounts in which the obligor has an interest. That includes joint accounts, and § 19-11-37(c) presumes the funds in a joint account belong to the obligor unless rebutted by clear and convincing evidence.
Frequently Asked Questions
How long before the bank sends my frozen money to Georgia child support?
The financial institution must freeze the funds immediately and forward them no sooner than 15 days and no later than 20 days from the date it receives the levy notice under § 19-11-35. If the agency tells the bank that an obligor or account holder of interest has filed a challenge, the money shall not be forwarded while that challenge is pending.
Does a child support levy freeze all my bank accounts?
It reaches all accounts at that institution in which the obligor has an interest, but only up to the amount of the debt stated in the notice. The bank must immediately encumber funds in those accounts to that extent. Money above the stated debt is not covered by the levy.
Can the bank charge a fee for sending my money to child support?
Yes. The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding money to the child support enforcement agency. The fee is in addition to the support due. If the account can’t cover both, the bank may take the fee first, and the amount credited toward your support is reduced by the fee.
Will filing a challenge stop the bank from sending my money?
Yes, once the agency tells the bank about it. The section says the frozen money shall not be forwarded if the child support enforcement agency notifies the financial institution of a challenge by an obligor or an account holder of interest. The funds stay frozen; under § 19-11-37(f), the bank keeps them encumbered while a hearing is pending.
What information goes with the money the bank forwards to child support?
Forwarded money must be accompanied by the obligor’s name and Social Security number, the child support enforcement account number, and any other information required in the notice. That information lets the agency credit the payment to the right case. The notice under § 19-11-35 also gives the bank the address of the office that will process the money.
Amendment History
Laws 1997, p. 1613, § 31; Laws 2017, Act 242, § 2-3, eff. July 1, 2017.