Rule 290-7-1-.03. Definitions

In these Rules, unless the context requires otherwise, words and phrases shall mean the following:

1. (1) "Administrative hearing" means the evidentiary hearing conducted by an administrative law judge (ALJ) appointed by the Office of State Administrative Hearings (OSAH) in accordance with these Rules, any rules promulgated by OSAH, and the statutory provisions of the Georgia Administrative Procedure Act.
2. (2) "Administrative Procedure Act" means that law codified at O.C.G.A. §§ 50-13-1 through 50-13-23.
3. (3) "Alleged father" means a man who has been named by an applicant or who names himself to be the possible biological father of a child.
4. (4) "Arrearage" means an amount of money calculated by the Department or a court representing the total amount of support owed less the actual amount of support paid by an obligor. An obligor who is "in arrears" is subject to any administrative or civil enforcement action allowed by law.
5. (5) "Child support" means any periodic or lump-sum payment of cash as well as the duty to provide health insurance (private or public) on behalf of a child or to pay for uninsured medical expenses of a child or any other obligation imposed or imposable under Georgia's Child Support Guidelines pursuant to O.C.G.A. § 19-6-15.
6. (6) "Child Support Guidelines" means the guidelines established by the Georgia General Assembly that are published at O.C.G.A. § 19-6-15, and consistent with federal regulations published by the federal Office of Child Support Enforcement (OCSE).
7. (7) "Child support obligation" means any obligation of support imposed by law, court or administrative order, decree or judgment or administrative decision.
8. (8) "Consent agreement" means an agreement entered into between the Department and one or more obligors setting forth the obligor's child support obligation.
9. (9) "Consent order" means an order issued by an administrative law judge or superior court judge based on a signed consent agreement.

10. (10) "Court order" means any order for child support issued by a court or administrative court of this state, another state, or a foreign jurisdiction. An order may be issued in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such an order shall be deemed a IV-D order when any of the following occur:

    1. (a) Either party submits a copy of the order for support, along with a signed application to the Department for IV-D services;
    2. (b) The right to child support has been assigned to the Department pursuant to O.C.G.A. § 19-11-6(a); or
    3. (c) The order is registered as a foreign order pursuant to Article 3 of Chapter 19.
11. (11) "CSRA" refers to Georgia's "Child Support Recovery Act," codified at O.C.G.A. §§ 19-11-1 through 19-11-39.
12. (12) "Department" means the division within the Georgia Department of Human Services which provides and administers child support services under Title IV-D of the Social Security Act.

13. (13) "Dependent child" means an individual who:

    1. (a) has not married or otherwise become emancipated;
    2. (b) is under the age of majority and enrolled in and attending secondary school; or
    3. (c) has attained the age of majority before completing secondary school and continues to be enrolled in and attending such school, until graduation or until child support ceases upon the child attaining 20 years of age; or
    4. (d) is otherwise defined as a dependent child under O.C.G.A. § 19-6-15.
14. (14) "Enforcement" refers to any administrative or civil actions available to the Department to collect child support or an arrearage from one or more obligors.
15. (15) "Enforcement deferral" is a non-contractual writing between the Department and the obligor providing that the Department shall voluntarily refrain from taking specified enforcement actions so long as the obligor is making payments or otherwise complying with terms and conditions in accordance with the schedule specified in the document.
16. (16) "Establishment" means the process, whether administrative or civil, of the determination of paternity and the duty of a parent or parents to pay child support.
17. (17) "Extreme hardship" means that an applicant for a limited driving permit cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from going to his or her place of employment or performing the normal duties of his or her occupation. Other factors pursuant to O.C.G.A. § 40-5-64(g) do not apply to the child support limited driving permit process described in Rule 290-7-1-.12.
18. (18) "Foreign order" means an order issued by a court or an administrative entity located in a jurisdiction other than Georgia, including other countries if the United States government or Georgia has a reciprocity agreement with said country.
19. (19) "Genetic testing" or "Paternity testing" means a laboratory analysis of human DNA, genetic markers, or chromosomes for the purpose of establishing paternity. All orders requiring parties to submit to genetic testing shall be issued in conformance with O.C.G.A. §§ 19-7-43, 19-7-46, and 19-7-54. In all cases, genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and shall be conducted by a laboratory pursuant to the criteria established in O.C.G.A. § 19-7-45.
20. (20) "Income withholding" means an income withholding order (IWO), an income withholding notice, or any other process directed to an obligor's employer or other payor to withhold support from the income of the obligor pursuant to O.C.G.A. §§ 19-6-32 through 19-6-33.

21. (21) "IV-D order" means any order or judgment of a court of this state, any order or judgment of a court of another state or any administrative decision of this state issued under O.C.G.A. § 50-13-1 et seq., or any final administrative decision or order of another state setting forth an obligation to pay child support, where:

    1. (a) A party or any other person with standing who has applied for services through the Department; or
    2. (b) has received public assistance that triggers a mandatory referral for Title IV-D child support services under federal or state law.
    3. (c) Such orders are established or enforced pursuant to Title IV-D of the Social Security Act and may involve services including, but not limited to, establishment of paternity, the establishment or modification of support orders, medical support, and enforcement or collection of support obligations.
22. (22) "License" means a certificate, permit, registration, or any other authorization issued by a licensing entity that allows a person to operate a motor vehicle or to engage in a profession, business, or occupation.
23. (23) "Licensing entity" means any Georgia agency, department, organization, or board which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle or to engage in a profession, business, or occupation, including but not limited to those relating to: pest control; mortgage lenders and mortgage brokers; securities salespersons and investment adviser representatives; foresters; pharmacists; insurance agents, counselors, and other personnel; attorneys licensed by the State Bar of Georgia; professions and businesses under Chapter 1 of Title 43; real estate appraisers; and real estate brokers and salespersons.

24. (24) "Modification" refers to either the administrative or civil process of reviewing a child support order and then seeking a court order adjusting the original child support order. Modification is triggered when a support order:

    1. (a) provides for a support amount which is no longer consistent with the provisions of O.C.G.A. § 19-6-15, or
    2. (b) contains a legal defect of any sort which the Department deems necessary to correct to make an order fully enforceable under the laws of this state, or
    3. (c) requires the inclusion of medical support when available at reasonable cost. Review and modification may also be triggered by the mere passage of time if the obligee or child is receiving public assistance.
25. (25) "Nonparent custodian" means, in accordance with O.C.G.A. § 19-6-15, an individual who has been granted legal custody of a child, or an individual who has a legal right to seek, modify, or enforce a child support order (such as a guardian or guardian ad litem). Nonparent custodians are usually, but not always, a relative of the child such as a grandparent.
26. (26) "Notice to payor" means a notice that contains only information necessary for the employer and/or payor to comply with an income withholding order and complies with all requirements contained in O.C.G.A. § 19-6-33(f).
27. (27) "Obligee" means the person to whom a child support obligation is owed under any court order or administrative order for child support.
28. (28) "Obligor" means the person who is responsible for paying a child support obligation under any court order or administrative order for child support.
29. (29) "Parenting time adjustment" means an adjustment reducing the basic child support obligation amount owed by the obligor to account for expenses incurred during that parent's court ordered parenting time. The adjustment authorized under O.C.G.A. § 19-6-15 accounts for the number of visitation days expressly set forth in a court order and awarded to the obligor.
30. (30) "UIFSA" refers to the "Uniform Interstate Family Support Act" codified at O.C.G.A. §§ 19-11-100 through 19-11-192.
31. (31) "Underemployed" means either a complete failure to seek employment or the acceptance of employment at a level of compensation which does not reasonably reflect a person's earning potential or a refusal without good cause to accept employment which is otherwise reasonably available.

Authority: O.C.G.A. §§ 19-6-15, 19-6-15.1, 19-6-30 through 19-6-33, 19-11-4, 19-11-6, 19-11-24, 19-11-100 through 19-11-192, 49-5-1, 40-5-64, 50-13-1 et seq.

History. Original Rule entitled "Definitions" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.

Repealed: New Rule of the same title adopted. F. June 15, 2011; eff. July 5, 2011.

Amended: F. Sep. 10, 2015; eff. Sept. 30, 2015.

Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.

Amended: F. Apr. 15, 2026; eff. May 5, 2026.