Rule 290-7-1-.03 - Definitions(a) "Administrative Hearing" means the evidentiary hearing conducted by an administrative law judge ("ALJ") appointed by the Office of State Administrative Hearings ("OSAH") in accordance with these Rules, any rules promulgated by OSAH, and the statutory provisions of the Georgia Administrative Procedure Act.(b) "Administrative Procedure Act" means that law codified at Official Code of Georgia sections 50-13-1 through 50-13-23.(c) "Arrearage" means an amount of money calculated by the Department or a court representing the total amount of support owed less the actual amount of support paid by an obligor. An obligor who is "in arrears" is subject to any administrative or civil enforcement action allowed by law.(d) "Child support" means any periodic or lump-sum payment of cash as well as the duty to provide health insurance on behalf of a child or to pay for uninsured medical expenses of a child or any other obligation imposed or imposable under Georgia's child support guidelines (see O.C.G.A. § 19-6-15).(e) "Child support obligation" means any obligation of support imposed or imposable by law, court or administrative order, decree or judgment or administrative decision.(f) "Consent agreement" means an agreement entered into between the Department and one or more obligors setting forth the obligor's child support obligation.(g) "Consent order" means the order issued by the administrative law judge based on a signed consent agreement.(h) "CSRA" refers to Georgia's "Child Support Recovery Act," codified at sections 19-11-1 through 19-11-39 of the Official Code of Georgia Annotated. The CSRA is the enabling legislation of the Department.(i) "Department" means the division within the Georgia Department of Human Services which provides and administers child support services under the IV-D program.(j) "Enforcement" refers to the entire array of administrative or civil actions available to the Department to collect child support or an arrearage from one or more obligors.(k) "Enforcement deferral" is a non-contractual writing between the Department and the obligor providing that the Department shall voluntarily refrain from taking specified enforcement actions so long as the obligor is making payments in accordance with the schedule specified in the document.(l) "Establishment" means the process, whether administrative or civil, of the determination of paternity and the duty of a parent or parents to pay child support.(m) "FIW" means either an income deduction order issued by a court pursuant to O.C.G.A. § 19-6-30 et seq. or an administrative order for income withholding issued by the Department pursuant to section 19-6-32. FIW is also an acronym for the federally-issued "Federal Income Withholding" form (OMB Form # 0970-0154) which must be utilized by all IV-D agencies.(n) "Foreign order" means an order issued by a court or an administrative entity located in a jurisdiction other than Georgia, including other countries if the United States government or Georgia has a reciprocity agreement with said country.(o) "IV-D order" means any order or judgment of a court of this state, any order or judgment of a court of another state or any administrative decision of this state issued under O.C.G.A. § 50-13-1et seq. or any final administrative decision or order of another state setting forth an obligation to pay child support if a proper person has either applied for services from the Department or has received public assistance.(p) "Modification" refers to either the administrative or civil process of reviewing a child support order and then seeking a court order adjusting the original child support order. Modification is triggered when a support order:(1) provides for a support amount which is no longer consistent with the provisions of O.C.G.A. § 19-6-15; or,(2) contains a legal defect of any sort which the Department deems necessary to correct to make an order fully enforceable under the laws of this state; or,(3) requires the inclusion of medical support when available at reasonable cost. Review and modification may also be triggered by the mere passage of time if the obligee or child is receiving public assistance.(q) "Nonparent custodian" means, in accordance with O.C.G.A. § 19-6-15, an individual who has been granted legal custody of a child, or an individual who has a legal right to seek, modify, or enforce a child support order (such as a guardian or guardian ad litem). Nonparent custodians are usually, but not always, a relative of the child such as a grandparent.(r) "O.C.G.A." refers to the Official Code of Georgia Annotated. The specific references to sections of O.C.G.A. in these rules are to those laws in effect at the time these rules were promulgated. If, at some later date, the O.C.G.A. is revised, then these rules are to be construed in accordance with current law. If O.C.G.A. section numbers are changed, the O.C.G.A. references herein shall refer to the then-applicable law.(s) "Obligee" means the person to whom a child support obligation is owed under any court order or administrative order for child support.(t) "Obligor" means the person who is responsible for paying a child support obligation under any court order or administrative order for child support.(u) "Putative obligor" means any person who is alleged to owe a duty to support a child or children.(v) "UIFSA" refers to the "Uniform Interstate Family Support Act," codified at sections 19-11-100 through 19-11-191 of the Official Code of Georgia Annotated.(w) "Underemployed" means either a complete failure to seek employment or the acceptance of employment at a level of compensation which does not reasonably reflect a person's earning potential or a refusal without good cause to accept employment which is otherwise reasonably available.Ga. Comp. R. & Regs. R. 290-7-1-.03
O.C.G.A. §§ 19-6-30, 19-6-31, 19-6-32, 19-6-33, 19-11-4, 19-11-24, 49-5-1, 50-3-1 et seq.
Original Rule entitled "Definitions" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.Repealed: New Rule of the same title adopted. F. June 15, 2011; eff. July 5, 2011.Amended: F. Sep. 10, 2015; eff. Sept. 30, 2015.Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.