Rule 290-7-1-.10 - Issuance of Orders for Income Withholding(a) The Department is authorized by law to issue an order for income deduction without need for any amendment to the order involved or any further action by the court or entity that entered the order. The Department shall utilize the "FIW" or Federal Income Withholding form when issuing such an order for income deduction, as required by federal regulations. The FIW shall be issued immediately after entry of a child support order in any case wherein the obligor is currently employed. The obligor is responsible for direct payment of support (to the Department's family support registry) between the effective date of the order and the issuance of the FIW. The Department may adjust the starting date of an order to coincide with the issuance of the FIW at its discretion. For example, if the putative obligor and the obligee both consent to a support order on June 1, the Department may make the support obligation effective on July 1 in order to ensure that the FIW is implemented prior to the first support payment coming due.(b) Copies of the support orders, which include a provision for income deduction, issued by the Department shall be mailed to the obligee and obligor. All obligees and obligors are required to notify the Department of any change of residential address; obligors must also inform the Department of any change in employment. The failure by an obligor or obligee to notify the Department of a change of address will be deemed to waive the notice requirement of this Rule with regard to that person.(c) The enforcement of the order for income deduction may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of the arrearages, or the identity of the obligor.(d) A person wishing to contest the enforcement of an income withholding by the Department on one of the grounds listed above must request an administrative hearing within 14 days of the mailing date of the notice of income deduction. The request for hearing must be mailed to the DCSS office that issued the FIW The request for a hearing does not stay enforcement of the withholding unless the administrative law judge enters an order granting relief for good cause shown.(e) 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.(f) The Department is authorized to add arrears repayment amounts ordered by a superior court or OSAH, as well as amounts sufficient to cover any fees owed by the obligor under these Rules.(g) Employers (1) An employer receiving an FIW may collect up to $25 against the obligor's income to reimburse the employer for administrative costs for the first income deduction and up to $3.00 for each deduction thereafter. The employer may not impose or deduct any other fee for complying with the FIW.(2) Any payor subject to an FIW or Order to Withhold and Deliver may not discharge or terminate an obligor by reason of the fact that income has been subjected to income withholding. The Department is authorized to impose civil penalties against any payor who violates this provision.(3) Employers are hereby informed that an FIW has priority over all other legal processes under state law pertaining to the same income. Payment as required by the FIW is a complete defense by the payor against any claims of the obligor or his creditors as to the sum paid. See O.C.G.A. § 19-6-33(e)(9).(4) The Department may issue the FIW electronically to those employers which have implemented electronic income withholding through the U.S. Department of Health & Human Services Office of Child Support Enforcement. Receipt of the electronic income withholding order constitutes receipt of all notices to payors required by code section 19-6-33.Ga. Comp. R. & Regs. R. 290-7-1-.10
O.C.G.A. Secs. 19-6-30 through 19-6-33.
Original Rule entitled "Income Deduction Orders (IDOs)" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.Repealed: New Rule entitled "Issuance of Orders for Income Withholding" adopted. F. June 15, 2011; eff. July 5, 2011.Amended: F. Sep. 10, 2015; eff. Sept. 30, 2015.