Title 19, Chapter 6, Section 33.1
( 19-6-33.1)
(a) As used in this Code section, the term: (1) "Child support enforcement agency" means the Child Support
Enforcement Agency of the Department of Human Resources and its
contractors. (2) "Family support registry" means a central registry maintained
and operated pursuant to subsection (c) of this Code section,
which receives, processes, disburses, and maintains a record of
the payment of child support, child support when combined with
spousal support, child support arrears, or child support debt made
pursuant to court or administrative order. (3) "Income deduction order" means any income deduction order which is made pursuant to Code Section 19-6-32 and which becomes effective upon a delinquency which occurred on or after January 1, 1994, or which became effective immediately without a delinquency on or after January 1, 1994. (b) Any term used in this Code section and defined in Code Section 19-6-31 shall have the meaning provided for such term in Code Section 19-6-31. (c) As required by federal law, there shall be established and
operated a family support registry pursuant to IV-D regulations and
authority and funding provided to the child support enforcement
agency. The child support enforcement agency is authorized to
establish and maintain or contract for the establishment and
maintenance of the family support registry. This registry shall be
used for the collection and processing of payments for support
orders in all cases which are enforced by the child support
enforcement agency and for all other support orders not being
enforced by the child support agency which are subject to income
deduction order as defined by paragraph (3) of subsection (a) of
this Code section. (d) The child support agency shall as required by federal law
redirect payments for support orders in all cases being enforced by
the child support agency and for all other support orders not being
enforced by the child support agency which are subject to an income
deduction order as defined by paragraph (3) of subsection (a) of
this Code section. These support payments to a court or receiver or
private party by an employer shall be redirected to the family
support registry. (e) In implementing the family support registry, the child support
enforcement agency is authorized to: (1) Receive, process, and disburse payments for child support,
child support when combined with spousal support, child support
arrears, or child support debt for any order; (2) Maintain records of any payments collected, processed, and
disbursed through the family support registry; (3) Establish and maintain a separate record for payments made
through the registry as a result of a judgment remedy;
(4) Answer inquiries from any parent concerning payments processed
through the family support registry; and (5) Collect a fee for the processing of insufficient funds checks
and issue a notice to the originator of any insufficient funds
check that no further checks will be accepted from such person and
that future payments shall be required to be paid by cash or
certified funds. (f) On or after April 1, 1999, the child support enforcement agency
shall begin implementing the family support registry. The
commissioner of the department or the commissioner's designee shall
notify the court administrator and the chief judge of each judicial
circuit when new income deduction orders are to be directed to the
family support registry. (g) Upon implementation of the family support registry in any county
or judicial circuit, the following procedures shall be followed in
such county or circuit: (1) All administrative orders and all court orders entered or
modified which provide for income deduction orders for support
payments for child support, child support when combined with
spousal support, child support arrears, or child support debt
shall require that such payments be made through the family
support registry; and (2) The child support enforcement agency shall send or cause to be
sent a notice by first-class mail directing that all income
deduction order payments shall be made to the family support
registry. Orders subject to this redirection include: all
support orders being enforced by the child support agency and all
other orders not being enforced by the child support agency which
are subject to an income deduction order as defined in paragraph
(3) of subsection (a) of this Code section. The notice shall be
sent to the following persons: (A) Any obligor who is obligated to make payments for support,
child support when combined with spousal support, child support
arrears, or child support debt under court order or
administrative order in a IV-D case where the order does not
already specify paying through the family support registry; and (B) Any employer or other payor of funds who has been deducting income under Code Section 19-6-32. (h) Any obligor or employer who receives a notice to redirect
payments as specified in subsection (g) of this Code section who
fails to make the payments to the family support registry and who
continues to make payments to the court or to the IV-D agency shall
be sent a second notice to redirect payments. The second notice
shall be sent certified mail or statutory overnight delivery, return
receipt requested. Such notice shall contain all the information
required to be included in the first notice to redirect payments and
shall further state that the obligor or employer has failed to make
the payments to the correct agency and that the payor or obligor
shall redirect the payments to the family support registry at the
address indicated in the notice. Failure to make payments to the
family support registry after a second notice shall be grounds for
contempt.
(i)(1) Any payment required to be made to the family support
registry which is received by the court, receiver, or child
support enforcement agency shall be forwarded to the family
support registry within two business days after receipt. All
income deduction payments from employers or such payments
forwarded by the court, receiver, or child support enforcement
agency shall be identified with the information specified by the
family support registry, including but not limited to the court
case number, social security number, the county where the case
originated, and the name of the obligor. A copy of the notice to
redirect payments described in subsection (g) of this Code section
shall be mailed to the obligee and the court. (2) Except as provided by federal law, the family support registry
shall distribute all support amounts payable within two business
days after receipt from the employer or other payment source. (j) The department shall coordinate the operation of the family support registry with the state case registry created under Code Section 19-11-39 so as to reduce if not eliminate the need for duplicate reporting and information recording. The department is authorized to enter into cooperative agreements with the courts of the judicial circuits in order to implement the family support registry. The department shall be authorized to establish and collect from the income deduction order obligor or other obligor paying support through the family support registry an administrative fee. The fee shall not exceed $2.00 per payment or 5 percent of the amount of each payment or the actual cost of processing and distributing the child support from the source to the obligee, whichever is the lesser. (k) Nothing in this Code section shall allow or require any
reduction of child support payments paid to any parent or guardian
of a minor child. |