§ 19-6-33.Notice and service of income withholding order; hearing on enforcement of order; discharge of obligor; penalties

Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2025 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-6-33 explains how a Georgia income withholding order is served and contested, what an employer must do and may charge, and the penalties for employers who fire a worker over withholding or ignore the order.

Full Text of § 19-6-33

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l)

(a) As used in this Code section, the term:

(1) “Child support enforcement agency” means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support.

(2) “Court” means a judge of any court of record or an administrative law judge of the Office of State Administrative Hearings.

(3) “Earnings” means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest.

(4) “Income withholding” shall have the same meaning as set forth in Code Section 19-6-32.

(5) “Income withholding notice” shall have the same meaning as set forth in Code Section 19-6-32.

(5)“IV-D” means Title IV-D of the federal Social Security Act.

(6) “Obligee” means the individual to whom the payment of a support obligation is owed.

(7) “Obligor” means the individual owing a duty of support.

(8) “Payor” means the person that provides earnings to an obligor.

(b) The obligee shall provide an income withholding order, an income withholding notice, and in the case of a delinquency, a notice of delinquency, to the payor. The obligee or child support enforcement agency, as applicable, shall provide the notice to payor as set forth in subsection (f) of this Code section.

(c) Service of the initial income withholding order by or upon any person who is a party to a proceeding under this Code section shall be by personal service, by certified mail, return receipt requested, by statutory overnight delivery, or by first-class mail; such order may be served electronically if permitted under Code Section 9-11-5. Service upon a payor or successor payor under this Code section shall be by first-class mail, or such order may be served electronically if permitted under Code Section 9-11-5.

(d)

(1) When an income withholding order is effective upon a delinquency in an amount equal to one month's support, the obligor may apply to a court to contest the enforcement of the income withholding order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of his or her pleading to the obligee and, if the obligee is receiving IV-D services, to the child support enforcement agency. The filing of such pleading shall not affect the enforcement of an income withholding order unless a court enters an order granting relief to the obligor. The payment of delinquent support by an obligor upon entry of an income withholding order shall not preclude the income withholding order and income withholding notice from being provided to the payor.

(2) When an obligor requests a hearing to contest enforcement of an income withholding order, a court, after due notice to all parties and the child support enforcement agency, if the obligee is receiving IV-D services, shall hear the matter within 30 days after the application is filed and shall not extend the time for hearing unless good cause for a later date is found by a court, in which event the time for a hearing may be extended for up to 30 days. A court shall enter an order resolving the matter within ten days after the hearing and provide such order to the parties and the child support enforcement agency, if the obligee is receiving IV-D services.

(3) In cases involving IV-D child support withholding through an income withholding notice, any objections shall be placed on the calendar for a hearing before an administrative law judge of the Office of State Administrative Hearings. The income withholding notice shall remain in effect until the objection is heard and a decision is rendered.

(e) When a court determines that an income withholding order is proper pursuant to subsection (d) of this Code section, the obligee shall cause a copy of the income withholding order, the income withholding notice, and in the case of a delinquency, a notice of delinquency, to be provided to the payor. The obligee or child support enforcement agency, as applicable, shall provide the notice to payor as set forth in subsection (f) of this Code section. A copy of the notice to payor, and in the case of a delinquency, a notice of delinquency, shall also be provided to the obligor by the obligee or child support enforcement agency, as applicable.

(f) A notice to payor shall contain only information necessary for the payor to comply with the income withholding order. The payor shall have the duties, penalties, and rights specified in such notice. The notice to payor shall:

(1) Require the payor to withhold from the obligor's earnings the amount specified in the income withholding order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay such amount to the family support registry established pursuant to Code Section 19-6-33.1. The amount actually withheld plus all administrative charges shall not be in excess of the amount allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b);

(2) Instruct the payor to implement the income withholding order no later than the first pay period that occurs after 14 days following the date the notice was mailed;

(3) Instruct the payor to forward, within two business days after each payment date, to the family support registry the amount withheld from the obligor's earnings and a statement as to whether such amount totally or partially satisfies the periodic amount specified in the income withholding order;

(4) Specify that if a payor willfully fails to withhold the proper amount from the obligor's earnings, the payor shall be liable for the amount the payor should have withheld, plus costs, interest, and reasonable attorney's fees;

(5) Provide that the payor may collect up to $25.00 against the obligor's earnings to reimburse the payor for administrative costs for the first payment of an income withholding order and up to $3.00 for each subsequent payment. The payor shall not withhold a fee for complying with any order or notice for enrollment in a health benefit plan;

(6) State that the income withholding order and the notice to payor, and in the case of a delinquency, the notice of delinquency, are binding on the payor until:

(A) Further notice by the obligee, child support agency, or court; or

(B) The payor no longer provides earnings to the obligor;

(7) Instruct the payor that, when the payor no longer provides earnings to the obligor, the payor shall notify the obligee and shall also provide the obligor's last known address and the name and address of the obligor's new payor, if known, and that, if the payor willfully violates this paragraph, the payor shall be subject to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. If the child support enforcement agency is enforcing the income withholding order, the payor shall make such notifications to the child support enforcement agency instead of to the obligee. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income withholding order;

(8) State that no payor may discharge an obligor by reason of the fact that earnings have been subjected to an income withholding order under Code Section 19-6-32 and that a violation of this paragraph shall subject the payor to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income withholding order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor;

(9) Inform the payor that the income withholding order has priority over all other legal processes under state law pertaining to the same earnings and that payment, as required by the income withholding order, is a complete defense by the payor against any claims of the obligor or his or her creditors as to the sum paid;

(10) Inform the payor that if the payor receives income withholding orders requiring that the earnings of two or more obligors be withheld and sent to the same depository, the payor may combine the amounts paid to the depository in a single payment so long as the payor identifies that portion of the payment attributable to each obligor; and

(11) Inform the payor that the payor may receive more than one income withholding order against the same obligor and shall give priority to current child support obligations up to the limits imposed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b).

(g) At any time an income withholding order is being enforced, the obligor may apply to a court for a hearing to contest the continued enforcement of the income withholding order on the same grounds set out in subsection (d) of this Code section, and provide a copy of the pleading requesting such hearing to the obligee and, in IV-D cases, to the child support enforcement agency. Such application shall not affect the continued enforcement of the income withholding order until a court enters an order granting relief to the obligor. The obligee may be liable for improper receipt of moneys pursuant to an income withholding order.

(h) An obligee, or an obligee's agent, shall enforce income withholding orders against an obligor's successor payor who is located in this state in the same manner prescribed in this Code section for the enforcement of an income withholding order against a payor.

(i) The provisions of Article 3 of Chapter 11 of this title, the “Uniform Interstate Family Support Act,” shall apply to:

(1) All income withholding orders originating in this state and directed to another state; and

(2) All income withholding orders originating in another state and directed to this state.

(j) Certified copies of payment records maintained by a child support receiver or the child support enforcement agency shall, without further proof, be admitted into evidence in any legal proceeding in this state.

(k) No payor shall discharge an obligor by reason of the fact that his or her earnings have been subjected to an income withholding order under Code Section 19-6-32. A payor who violates this subsection shall be subject to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income withholding order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor.

(l) If a payor is not providing earnings to an obligor or when a payor no longer provides earnings to an obligor, the payor shall notify the obligee and, if the support order is being enforced by the child support enforcement agency, the child support enforcement agency shall provide the obligor's last known address and the name and address of the obligor's new payor, if known. A payor who willfully violates this subsection shall be subject to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income withholding order.

End

Plain-English Summary

Section 19-6-32 creates the income withholding order; this section puts it to work. The parent owed support (the obligee) provides the withholding order, the income withholding notice, and any notice of delinquency to the employer or other payor. The initial order may be served on a party by personal service, certified mail with return receipt, statutory overnight delivery, or first-class mail, and on a payor by first-class mail, either one electronically where Code Section 9-11-5 permits.

The paying parent may contest withholding only on a mistake of fact about the amount of support owed, the arrearage, or his or her identity, and must send a copy of the pleading to the other parent and, in IV-D cases, to the agency. Filing doesn’t stop withholding unless a court grants relief, and paying off the delinquency doesn’t keep the order from going to the employer. A court shall hear the matter within 30 days after the application is filed, with an extension of up to 30 days only for good cause, and shall rule within ten days after the hearing. In IV-D cases using an income withholding notice, objections go to an administrative law judge of the Office of State Administrative Hearings, and the notice stays in effect until decided. The obligor may also seek a hearing at any time while withholding continues, and an obligee may be liable for improperly receiving money.

The notice to the payor spells out the employer’s duties. It must start withholding no later than the first pay period that occurs after 14 days following the mailing date and forward the money to the family support registry within two business days after each payment date. It may collect up to $25.00 for the first payment and up to $3.00 for each later one, but no fee for health plan enrollment. An employer who willfully fails to withhold is liable for the amount it should have withheld, plus costs, interest and reasonable attorney’s fees. Withholding orders take priority over other state-law processes against the same earnings, and current child support gets priority among multiple orders, within the federal Consumer Credit Protection Act cap.

An employer may not discharge a worker because of a withholding order, and must report when it stops paying the worker, including the last known address and the new employer’s name and address, if known. A discharge, or a willful failure to report, carries a civil penalty not to exceed $250.00 for the first violation and $500.00 for each later one. The section also applies to successor employers in Georgia, sends interstate withholding to the Uniform Interstate Family Support Act, and makes certified payment records admissible without further proof.

Frequently Asked Questions

Can my employer fire me because of a child support withholding order in Georgia?

No. No payor may discharge an obligor because earnings have been subjected to an income withholding order under § 19-6-32. A payor who violates this rule faces a civil penalty not to exceed $250.00 for the first violation and $500.00 for each later one, paid to the obligee or the enforcing agency if support is owed, or to the obligor if none is owed.

How long does an employer have to start child support withholding in Georgia?

The payor must begin withholding no later than the first pay period that occurs after 14 days following the date the notice was mailed. It must then forward the withheld amount to the family support registry within two business days after each payment date.

Can my employer charge a fee for processing child support withholding?

Yes, within limits. The payor may collect up to $25.00 from the obligor’s earnings for the first payment and up to $3.00 for each later payment to cover administrative costs. It may not withhold a fee for complying with an order or notice to enroll a child in a health benefit plan.

How quickly will a court hear my challenge to income withholding in Georgia?

A court shall hear the matter within 30 days after the application is filed. It may extend that time by up to 30 days only on a finding of good cause, and it shall enter an order resolving the matter within ten days after the hearing. In IV-D cases using an income withholding notice, an administrative law judge hears objections instead.

What happens if my employer doesn’t withhold child support as ordered?

If a payor willfully fails to withhold the proper amount, it is liable for the amount it should have withheld, plus costs, interest and reasonable attorney’s fees. The notice to payor must spell out that liability. The order also reaches a successor employer in Georgia: the obligee or the obligee’s agent shall enforce it against that employer in the same way.

Amendment History

Laws 1989, p. 861, § 3; Laws 1990, p. 8, § 19; Laws 1991, p. 950, § 2; Laws 1993, p. 585, § 2; Laws 1994, p. 1270, § 1; Laws 1997, p. 1613, § 12; Laws 1999, p. 1237, § 2; Laws 2000, p. 1589, § 3; Laws 2002, p. 1247, § 3; Laws 2017, Act 242, § 1-14, eff. July 1, 2017; Laws 2024, Act 428, §§ 3, 8, 9, eff. July 1, 2024; Laws 2025, Act 371, § 19, eff. July 1, 2025.

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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