Rule 290-7-1-.15 - Allocation and Redirection of Current Child Support Payments(a) Allocation: When an obligor has more than one IV-D case being enforced by the Department or a Non IV-D case and does not make payment sufficient to cover all active cases, the Family Support Registry may split the payment to all active cases involving that obligor. Cases involving current support have priority over arrearages (i.e., if one case involves current support and the other case involves only an arrearage, the case having current support shall be paid first). If all active cases involve current support, the amount received shall be allocated among the cases based on the percentage of current support owed on each case. For example, if obligor is required to pay $60 on Case 1 and $40 on Case 2 but pays only $70 instead of the aggregate $100 required, the payment will be allocated proportionately between Case 1 (60% of the payment, $42) and Case 2 (40% of the payment, $28). The obligor shall not be permitted to dictate a different allocation between the active cases.(b) Redirection: The purpose of the CSRA is to ensure the support of a child or children, not the custodial parent/obligee. Therefore, it is the policy of the Department that the money shall follow the child(ren). If the Department has a good faith belief that a child is in the physical custody of a relative or other caretaker other than the obligee, the Department is authorized to redirect support payments to that caretaker of the child until such time as the child returns to the physical custody of the obligee. (1) In a case where a child is in the physical custody of an obligor, the Department may refrain from enforcement of the current support amount. Any arrears owed to the obligee or to the state may continue to be collected.(2) In a case involving multiple children, the Department may redirect a proportion of the payment received to the caretaker. For example, if a support order involving three children requires a monthly payment of $300 and one child is proved to be in the physical custody of a caretaker other than the obligee, the Department may redirect one-third ($100) to that caretaker.(3) An obligee wishing to contest this redirection is entitled to an administrative hearing if he or she requests same within 30 days of notice of the redirection. The sole issue at such hearing shall be the physical custody of the child. The Department must retain evidence supporting the Department's belief that there was a change in physical custody. Examples of such evidence include school records, day care records, medical records, statements signed under penalty of perjury, public assistance grant information, guardianship records, or a court order.(c) An administrative hearing and any appeal therefrom under this Rule shall be held in accordance with the procedures set forth at Rule 290-7-1-.19.Ga. Comp. R. & Regs. R. 290-7-1-.15
O.C.G.A. §§ 19-6-17, 19-6-33.1, 19-11-4 through 19-11-8, 19-11-18, 19-11-21, 19-11-24, 19-11-30.1, 19-11-30.10, 19-11-32, 19-11-100, 50-13-1 et seq.
Original Rule entitled "Dismissal of Requests for Fair Hearing" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.Repealed: New Rule entitled "Allocation and Redirection of Current Child Support Payments" adopted. F. June 15, 2011; eff. July 5, 2011.Amended: F. Dec. 9, 2016; eff. Dec. 29, 2016.