Rule 290-7-1-.02 - Purpose and General Provisions(a) The purpose of these rules is to specify procedures for the establishment and enforcement of child support obligations as authorized and required by certain laws of Georgia, including but not limited to, the "Child Support Recovery Act" ("CSRA"), codified at sections 19-11-1 through 19-11-39 and the "Uniform Interstate Family Support Act," codified at sections 19-11-100 through 19-11-191.(b) In compliance with State and Federal Laws, the Department of Human Services hereby operates a program for locating parents or putative parents, establishing paternity, establishing or modifying support obligations, enforcing support obligations, and collecting child support. The program shall operate in accordance with the requirements of Title IV-D of the Social Security Act, applicable requirements of Title IV-A of the Social Security Act, and applicable State law. The program will cooperate with other states by providing assistance in carrying out program functions.(c) When carrying out its child support responsibilities, the Department proceeds on behalf of the child or children involved. Neither the Department nor its attorneys (including Assistant District Attorneys and Special Assistant Attorneys General) represent any recipient of child support enforcement services nor any person who has applied for services. The submission of an application for services does not create a contractual relationship between the Department and any person or persons.(d) The Department will provide services or activities required to be provided and described in Title 45 of the Code of Federal Regulations, Chapter III, Part 302 and Part 303. Any optional services or activities specified in Part 302 or Part 303 may be provided where, in the Department's sole discretion, on a case by case basis its application is determined to further the goals of the child support program. The aforementioned federal regulations are hereby adopted by these Rules by specific reference.(e) Pursuant to section 19-11-24 of the Official Code of Georgia Annotated, conformity with federal law is required and the Department is specifically authorized by Georgia law to "adopt regulations necessary to prevent conflict with federal law or the loss of federal funds."(f) The Department is categorically unauthorized to address issues of custody or visitation. Thus, in any action initiated by the Department pursuant to the CSRA or the Uniform Interstate Family Support Act ("UIFSA"), the action shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties. A court proceeding under UIFSA may not condition the payment of a support order upon compliance by a party with provisions for visitation. The sole exception to this provision shall be in an action involving the enforcement or modification of a child support order containing a "parenting time" deviation entered under O.C.G.A. § 19-6-15(i)(2)(K).(g) The "child support guidelines" of Georgia are established by the General Assembly and are published at section 19-6-15 of the Official Code of Georgia Annotated and must be considered by all courts and administrative tribunals in any proceeding involving child support.(h) In any administrative hearing held pursuant to these Rules, the procedural rules of the Office of State Administrative Hearings apply, except where an applicable federal or state law or a federal regulation would require that a different procedure be applied.Ga. Comp. R. & Regs. R. 290-7-1-.02
O.C.G.A. Secs. 19-11-1 through 19-11-39, 19-11-100 through 19-11-191, 50-13-1 through 50-13-11; 42 U.S.C. Secs, 651 et seq ., 663; 45 C.F.R. Secs. 205 - 235, 301-306.
Original Rule entitled "Title and Purpose" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.Repealed: New Rule entitled "Purpose and General Provisions" adopted. F. June 15, 2011; eff. July 5, 2011.