Rule 290-7-1-.15. Allocation and Redirection of Current Child Support Payments

1. (1) Allocation of Support:

   1. (a) Application of Collections.

      Collections received under an income withholding order (IWO) shall be applied to the case(s) for which the IWO was issued. If only one IV-D case exists; the collection shall be applied solely to that IV-D case.

   2. (b) Federal Allocation Requirement.

      Pursuant to 45 C.F.R. § 303.100(a)(5), allocation of support among families applies only when multiple withholding notices are in effect against a single obligor.

   3. (c) Immediate Withholding in Non-IV-D Cases.

      Immediate income withholding is required in non-IV-D cases under 42 U.S.C. § 666(a)(8)(B)(i), unless:

      1. 1. A court or administrative process finds good cause not to require immediate withholding; or
      2. 2. The parties have executed a written agreement providing for an alternative arrangement.

   4. (d) Allocation Across Multiple Cases.

      When an obligor has more than one active case (e.g., multiple IV-D cases, or a combination of IV-D and non-IV-D cases) and a payment is received that is insufficient to satisfy all obligations, the Family Support Registry shall allocate the payment as follows:

      1. 1. Cases involving current support shall have priority over arrearages. If one case involves current support, and another involves only arrears, the case with current support shall be paid first.
      2. 2. If all active cases involve current support, the payment shall be allocated proportionately based on the percentage of current support owed in each case. For example, if an obligor is required to pay $60 on Case 1 and $40 on Case 2, but the employer remits only $70 instead of the full $100, the payment shall be allocated as follows: Case 1 (60% of $70 = $42) and Case 2 (40% of $70 = $28).
      3. 3. The obligor shall not dictate or alter the allocation among active cases.

2. (2) Redirection of Support.

   The purpose of the Child Support Recovery Act (CSRA) is to ensure the support of a child or children, not the custodial parent/obligee. Therefore, it is the policy of the Department that the money shall follow the child(ren). If the Department has a good faith belief that a child is in the physical custody of a relative or other caretaker rather than the obligee, the Department may redirect support payments to that caretaker of the child until the child returns to the obligee's physical custody.

3. (3) Child in Obligor's Custody.

   If a child is in the physical custody of an obligor (as primary caregiver or in an intact two-parent household), the Department may refrain from enforcing the current support obligation or may close the case in accordance with 45 C.F.R. § 303.11, if the Department determines services are no longer appropriate. Any child support arrears owed to the obligee or to the State may continue to be collected. The Department shall maintain evidence supporting its belief that physical custody has changed, which such evidence may include, but is not limited to: school, daycare, or medical records; sworn statements; public assistance records; police reports; documentation from other agencies; guardianship records; or a court order.

4. (4) Multiple-Child Cases.

   When an order covers multiple children, the Department may redirect a proportionate share of the payment to a caretaker. For example, if an order for three children requires a payment of $300 monthly and one child is in the custody of a caretaker other than the obligee, the Department may redirect one-third ($100) of the payment to the caretaker.

5. (5) Redirecting and Reallocating Support.

   In multiple-child cases, the Department may redirect a portion of payments toward arrears and/or the support of the remaining children. Any amount not applied to current support or payment-processing costs shall be applied to arrears. If arrears exist when current support ends for one or more children due to emancipation or custody change, the full IWO amount shall continue to be collected. The portion previously allocated to an emancipated child, or to a child residing with the obligor, may be withheld and applied to arrears until satisfied.

6. (6) Right to Contest.

   An obligee may contest a redirection of child support payments by requesting an administrative hearing within 30 days of notice of redirection action. The sole issue at the hearing shall be whether the evidence of the change in physical custody is sufficient to support the redirection of payments. A superior court judge or administrative law judge shall consider the totality of the evidence in determining whether a change in physical custody has occurred.

7. (7) 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.

Authority: O.C.G.A. §§ 19-6-17, 19-6-33.1, 19-11-4 through 19-11-8, 19-11-18, 19-11-21, 19-11-24, 19-11-30.1, 19-11-30.10, 19-11-32, 19-11-100, 50-13-1 et seq.

History. Original Rule entitled "Dismissal of Requests for Fair Hearing" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.

Repealed: New Rule entitled "Allocation and Redirection of Current Child Support Payments" adopted. F. June 15, 2011; eff. July 5, 2011.

Amended: F. Dec. 9, 2016; eff. Dec. 29, 2016.

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