Rule 290-7-1-.09 - Garnishment and Orders to Withhold and Deliver(a) If any Georgia court has issued a final order adjudicating an amount of child support arrears owed by an obligor, the Department shall be entitled to commence a garnishment proceeding or to issue an FIW to an obligor's employer in accordance with these Rules, or shall be entitled to issue an "Order to Withhold and Deliver" to any employer of the obligor without further notice or proceedings.(b) If an amount of arrears has not been previously adjudicated by a Georgia court or a foreign court, the Department shall be entitled to commence a garnishment proceeding or to issue an order to withhold and deliver if: (1) the obligor has received notice of a final administrative decision of his/her support obligation; or(2) the obligor has entered into a written agreement with the Department to provide child support; and(3) the obligor fails to make support payments within thirty days of the due date specified in the civil order, administrative decision or written agreement and the Department has mailed a written notice to the obligor notifying obligor of its intent to withhold funds and obligor fails to send a written notice contesting the amount of arrears within 15 days of mailing of a notice by the Department.(c) If an obligor whose arrears have not been judicially adjudicated contests the amount of the garnishment or the Order to Withhold and Deliver in a timely manner in accordance with this Rule, the Department shall initiate an administrative hearing before OSAH.(d) 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-.09
O.C.G.A. Secs. 19-6-32, 19-6-33, 19-11-19.
Original Rule entitled "Garnishment and Orders to Withhold and Deliver" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.Repealed: New Rule entitled "Garnishment and Orders to Withhold and Deliver" adopted. F. June 15, 2011; eff. July 5, 2011.