§ 19-11-8.Department’s duty to enforce support of abandoned minor public assistance recipient; scope of action
Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-11-8
Plain-English Summary
This section sets out the Department of Human Services’ duty to act and the kinds of applicants it must serve. Under subsection (a), when the department receives an application for public assistance for a child and it appears that one or both parents abandoned the child or that the responsible parent failed to support the child, it is the department’s responsibility to take appropriate action under this article, the child support statutes or other state and federal law to make sure the responsible parent supports the child.
Subsection (b) reaches families who aren’t on assistance. The department shall accept applications for child support enforcement services from a custodian of a minor child who doesn’t receive public assistance, and shall take the same kind of action. A reasonable application fee applies to each person who applies. The department shall also enforce an alimony order so long as child support is being collected along with it and all the conditions of § 19-11-6(d) are met.
Subsection (c) opens services to noncustodial parents as provided in the article and federal law, again with a reasonable application fee. Subsection (d) limits any action the department starts under subsections (a), (b) or (c) to the issue of support; visitation, custody, property settlement and similar matters are excluded.
Subsection (e) repeats the fee found in § 19-11-6(f): the department may charge the obligor a federal Deficit Reduction Act of 2005 fee of $35.00 for each case, only when the obligee has never received assistance under Title IV-A or IV-E. The department keeps the fee and collects it through income withholding as well as other enforcement remedies. The section was last amended in 2018.
Frequently Asked Questions
What does Georgia DHS do if a parent abandons a child on public assistance?
It must act. When the department receives an application for public assistance and it appears the child was abandoned by one or both parents, or the responsible parent failed to provide support, the department is responsible for taking appropriate action under this article, the child support statutes or other state and federal law to make sure the responsible parent supports the child.
Is there a fee to apply for child support services in Georgia?
Yes, for applicants who aren’t on public assistance. Subsection (b) requires the department to charge a reasonable application fee to each custodian who applies for services without receiving assistance, and subsection (c) provides for a reasonable fee for noncustodial parents who apply. The section doesn’t set a dollar amount for these application fees.
Can a noncustodial parent apply for Georgia child support services?
Yes. Subsection (c) requires the department to accept applications from noncustodial parents for services as provided in this article and federal law and regulations. The department provides for a reasonable application fee for those applicants. Section 19-11-6(e) adds that the department may then review and modify an award upward or downward.
Will DHS handle custody or property issues in my child support case?
No. Any action the department starts under subsection (a), (b) or (c) is limited solely to support. It excludes visitation, custody, property settlement and similar matters the parties might otherwise combine in one case. Those issues have to be raised in a separate proceeding.
Who pays the $35 federal child support fee in Georgia?
The obligor — the parent who owes support. The department may charge a federal Deficit Reduction Act of 2005 fee of $35.00 for each case, but only when the obligee has never received public assistance under Title IV-A or IV-E. The department keeps the fee and collects it through income withholding as well as any other available enforcement remedy.
Amendment History
Laws 1973, p. 192, § 7; Laws 1976, p. 1537, § 6; Laws 1982, p. 1207, §§ 2, 5; Laws 1983, p. 1816, § 4; Laws 1984, p. 567, § 1; Laws 1985, p. 785, § 6; Laws 1987, p. 186, § 4; Laws 2003, Act 175, § 4, eff. July 1, 2003; Laws 2007, Act 350, § 2, eff. July 1, 2007; Laws 2017, Act 242, § 1-18, eff. Oct. 1, 2017; Laws 2018, Act 475, § 2-2, eff. Oct. 1, 2018.