§ 19-11-5.Debt to state created by payment of public assistance; amount of debt; waiver, reduction, or negotiation of certain repayments

Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2009 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-5 makes public assistance paid for a Georgia child a debt the responsible parent owes the state, sets how that debt is measured, and lets the Department of Human Services waive, reduce or negotiate it for good cause or hardship.

Full Text of § 19-11-5

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(a) The payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent or parents responsible for the support of the child. The amount of the debt is the amount necessary to meet the total needs of the child or children and the person having custody, if included in the public assistance grant, as determined by the department in conformity with the federal Social Security Act; provided, however, that, where a court has ordered child support incident to a final divorce or in a criminal proceeding for nonsupport or where the responsible parent has entered into a legally enforceable and binding agreement, the debt created shall be equal to the amount set in such decree, order, hearing, or agreement.

(b) The department, in accordance with rules established by the Board of Human Services, shall be authorized to waive, reduce, or negotiate the payment of unreimbursed public assistance if it is determined that good cause for nonpayment exists or that enforcement of the claim would result in substantial and unreasonable hardship to the parent or parents responsible for the support of the child against whom the claim exists. The rules established by the Board of Human Services shall consider the ability of the responsible party to support the child or children during the period that public assistance was provided and the current history of regularity of payment by the responsible party. This subsection shall not apply to any court order or decree requiring the repayment of public assistance; however, the department is authorized to petition the court for consideration of a modification of an order or decree based on factors contained in this subsection and in the rules established by the Board of Human Services relating to such unreimbursed public assistance.

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Plain-English Summary

When the state pays public assistance to or on behalf of a child, this section turns that payment into a debt. The parent or parents responsible for the child’s support owe it to the state.

Subsection (a) sets the amount. Ordinarily the debt equals what the department, following the federal Social Security Act, determines is needed to meet the total needs of the child and, if included in the assistance grant, the person with custody. But a court order or agreement overrides that measure. Where a court ordered child support incident to a final divorce or in a criminal case for nonsupport, or where the parent entered into a legally enforceable and binding agreement, the debt equals the amount set in that decree, order, hearing or agreement.

Subsection (b) gives the department room to bend. Following rules set by the Board of Human Services, the department may waive, reduce or negotiate repayment of unreimbursed assistance if there’s good cause for nonpayment or if collecting would cause substantial and unreasonable hardship to the responsible parent. The board’s rules must consider the parent’s ability to support the child during the period assistance was paid and the parent’s current record of paying regularly.

That flexibility does not reach a court order or decree requiring repayment of public assistance; the department can’t waive those on its own. It may, however, petition the court to consider modifying such an order based on the same factors. The section was last amended in 2009.

Frequently Asked Questions

Do I have to pay back public assistance my child received in Georgia?

The responsible parent can be liable. This section says the payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent or parents responsible for the child’s support. The department may waive, reduce or negotiate that debt in some cases, as subsection (b) describes.

How much is the debt for public assistance in Georgia?

It depends on whether a court order or agreement exists. Without one, the debt is the amount the department determines is needed to meet the total needs of the child, and the custodian if included in the grant. But where a court ordered support in a final divorce or criminal nonsupport case, or the parent entered into a legally enforceable and binding agreement, the debt equals the amount set in that order or agreement.

Can the state forgive a public assistance debt for child support?

Yes, in some cases. Under rules of the Board of Human Services, the department may waive, reduce or negotiate repayment if good cause for nonpayment exists or if enforcement would cause substantial and unreasonable hardship to the responsible parent. The rules consider the parent’s ability to pay during the assistance period and current history of regular payment. Whether relief is granted is up to the department.

Can DHS reduce a court-ordered repayment of public assistance?

Not on its own. The waiver power in subsection (b) does not apply to any court order or decree requiring repayment of public assistance. The department is authorized, though, to petition the court to consider modifying such an order based on the hardship and good-cause factors in this section and the board’s rules. The court then decides.

Does my divorce decree limit what I owe the state for welfare paid to my child?

It can. If a court ordered child support incident to a final divorce, the debt created by public assistance equals the amount set in that decree, not the department’s separate needs calculation. The same is true for support set in a criminal nonsupport proceeding or in a legally enforceable and binding agreement the parent entered into.

Amendment History

Laws 1973, p. 192, § 4; Laws 1976, p. 1537, § 4; Laws 1977, p. 643, § 1; Laws 2005, Act 419, § 1, eff. July 1, 2005; Laws 2009, Act 102, § 2-3, eff. July 1, 2009.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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