Rule 290-7-1-.13 - Intergovernmental Child Support Proceedings (UIFSA)(a) The Personal and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), mandated that all states adopt the 1993 Uniform Interstate Family Support Act ("UIFSA") Model Act, and the 1996 amendments adopted by the National Conference of Commissioners on Uniform State Laws. The UIFSA was duly enacted by the General Assembly and is codified at sections 19-11-100 through 19-11-190 of the Georgia Code. The UIFSA was created to force uniformity in procedures and law with regard to intergovernmental establishment, enforcement, and modification of child support orders.(b) The Department is the support enforcement agency in Georgia for all UIFSA actions.(c) Upon request from another state, the Department as the receiving tribunal will provide the following services in a UIFSA proceeding: (1) Take all steps necessary to enable an appropriate court in this state or a tribunal of another state to obtain jurisdiction over the respondent;(2) Request an appropriate tribunal to set a date, time, and place for a hearing;(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;(4) Within seven days after receipt of a written notice from an initiating, responding, or registering court, send a copy of the notice to the petitioner;(5) Within seven days after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.(d) UIFSA does not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency, nor between the attorney and the referring state.(e) Under UIFSA, the Department proceeds on behalf of the referring state, which in turn may be proceeding on behalf of an individual child or obligee.(f) The underlying goals of UIFSA are to avoid duplicate actions proceeding at the same time in more than one state and to ensure that there is only one controlling order for child support in existence at any time, through the concept of "continuing exclusive jurisdiction" ("CEJ"). No state can modify an order in which Georgia has CEJ, and Georgia cannot modify an order of another state which itself has CEJ.(g) Except as otherwise provided within UIFSA, Georgia substantive and procedural law shall be applied. However, there are exceptions, notably: (1) the law of the issuing state governs the nature, extent, amount, and duration of current support payments and other obligations of support under the order; and,(2) in a proceeding to collect arrears, the statute of limitation under the laws of Georgia or the issuing state applies, whichever is longer.(h) A Georgia court cannot condition the payment of a foreign support order upon compliance with visitation provisions.(i) The filing of a UIFSA proceeding does not create personal jurisdiction over the individual whose interests are being served; further, if that individual is physically present in Georgia to participate in a UIFSA proceeding, he or she is not amenable to service of process. The petitioner's physical presence is not required and he or she may testify or be deposed by telephone or other electronic means.(j) The defense of non-parentage is disallowed if parentage has previously been determined by another tribunal by or pursuant to law.(k) A party seeking to enforce a support order or an order for income deduction may send it directly to the Department and the Department may use any administrative enforcement procedure available to it under Georgia law without registering the foreign order; however, if the obligor contests the administrative action, the Department must register the order under section 19-11-161 of the Georgia Code. Registration is required in order for the Department to pursue any civil action based upon the foreign order, including a petition for contempt.(l) The Department shall notify the "non-registering party" (almost always the obligor) of the registration by first class U.S. mail. The non-registering party has 20 days from receipt of the notice to request a hearing on the registration. If no request for a hearing is made within those 20 days, then the foreign order is confirmed by operation of law.Ga. Comp. R. & Regs. R. 290-7-1-.13
O.C.G.A. §§ 19-11-15, 19-11-100 through 19-11-191, 50-13-1et seq.
Original Rule entitled "Fair Hearing Notice Procedure" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.Repealed: New Rule entitled "Intergovernmental Child Support Proceedings (UIFSA)" adopted. F. June 15, 2011; eff. July 5, 2011.Amended: F. Dec. 9, 2016; eff. Dec. 29, 2016.