Summary
In Brandenburg, this court held that the issuance of an income-deduction order was mandatory where Ms. Brandenburg received public assistance and a judgment had been entered in 1986 ordering Mr. Brandenburg to provide child support.
Summary of this case from Dept. of Human Resources v. OffuttOpinion
A93A1722.
DECIDED JANUARY 25, 1994.
Child support. Cobb Superior Court. Before Judge Hicks, Senior Judge.
Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney General, Cynthia H. Frank, Staff Attorney, for appellant.
Keith W. Brandenburg, pro se.
The application to appeal of the Department of Human Resources was granted to consider the trial court's refusal to issue an income deduction order pursuant to OCGA § 19-6-32. We reverse.
A divorce and support order was entered in January 1986 under which Ms. Brandenburg received custody of the minor child. Mr. Brandenburg, appellee, was ordered to pay weekly child support. From February 1992 until November 1992, Ms. Brandenburg received Aid to Families With Dependent Children. The department filed its petition to modify the divorce decree so that payments would be made directly to the child support receiver and requesting that an income deduction order be entered.
The divorce decree contained the statutorily mandated language of OCGA § 19-6-30, which provides for continuing garnishment upon a failure to make child support payments.
The court, noting that Mr. Brandenburg was not in arrears on his child support payments at that time, "decline[d] to allow an income deduction order to collect Respondent's support obligation."
Under OCGA § 19-11-6 (a), the recipient of public assistance "shall be deemed to have made an assignment to the department of the right to any child support owed for the child."
While, upon a showing of good cause, the court in its discretion may determine when the income deduction order is to be effective, OCGA § 19-6-32 (c), whether to issue such an order in this situation is not discretionary, but mandatory. Ga. Dept. of Human Resources v. Pernice, 260 Ga. 732 ( 399 S.E.2d 65) (1991).
Judgment reversed. Pope, C. J., and Birdsong, P. J., concur.