Ga. R. Sup. Ct. 24.12
Any income deduction order issued pursuant to Rule 24.11 shall be in the following form:
IN THE SUPERIOR COURT OF _______ COUNTY
STATE OF GEORGIA
| _________________, | ) | |
| ) | ||
| Plaintiff, | ) | |
| ) | CIVIL ACTION | |
| v. | ) | |
| ) | FILE NO. _________ | |
| _________________, | ) | |
| ) | ||
| Defendant. | ) |
INCOME DEDUCTION ORDER
This Court having entered an order establishing, modifying or enforcing a child support obligation owed by the (check one) Plaintiff[] Defendant[]., and the Court having determined that an Income Deduction Order ("IDO") should be entered in accordance with Official Code of Georgia Annotated ("OCGA") § 19-6-30 et seq., it is ORDERED AND ADJUDGED:
Name of Person Paying Support ("Obligor"):_________________________________________________________________________
Address of Obligor: _________________________________________________________________
Name of Person Receiving Support ("Obligee"): _________________________________________________________________________
Child(ren):
Name: _______________________________________________ Year of Birth: __________
Name: _______________________________________________ Year of Birth: __________
Name: _______________________________________________ Year of Birth: __________
[] Check here if a page is attached naming additional children.
The Obligee shall initiate wage withholding by completing and transmitting all documents and notices required by OCGA § 19-6-30 et seq., 42 USC § 666(b) (6) (A) (ii), and the Georgia Family Support Registry. Additionally, the Obligee shall serve upon the Obligor a copy of this order and all other documents required to be served pursuant to OCGA § 19-6-30 et seq. Service on the Obligor shall be made by personal service, certified mail, statutory overnight delivery with return receipt requested, or by regular mail in accordance with the alternative service provisions of OCGA §§ 9-11-4(j) and 19-6-33(b).
The Obligee shall also mail a copy of this order to:
Family Support Registry
P. O. Box 1800
Carrollton, Georgia 30112-1800
The effective date of this order shall be as follows:
[] Immediately.
[] Upon a delinquency equal to one month's support.
This Court finds that good cause was shown to delay the effective date of this order. The Obligee or the IV-D agency* may enforce this IDO by serving a "Notice of Delinquency" on the Obligor as provided in OCGA § 19-6-32(h).
* An "IV-D agency" is a state agency that runs a child support enforcement program under Title IV-D of the federal Social Security Act.
This order hereby supersedes any previous IDO; and it shall remain in force so long as the order of support upon which it is based is effective or arrearages remain upon payment due under such order, or until further order of this Court. Thus, this order shall continue until (check one): [] the last child of the parties for whom the Obligor has a duty of support reaches the age of majority; [] the last child of the parties for whom the Obligor has a duty to graduates from high school and reaches the age of majority, or reaches the age of 20 years, whichever shall first occur. See OCGA § 19-6-15(e).
The amount deducted pursuant to this order shall be calculated as follows:
| a. Current Support: | $_____________ | per month. |
| b. Alimony: | $_____________ | per month. |
| c. Past Due Support: | $_____________ | per month. |
| d. Family Support Registry ("FSR") Fee: | $_____________ | **per deduction payment per OCGA § 19-6-33.1(h). |
** Such administrative fee shall be the lesser of $2 per payment, five percent of amount of each payment, or the actual cost of processing and distributing the child support from the source to the Obligee, which is $1.50 as determined by the Family Support Registry.
The Obligor named above owes Past Due Support in the amount of $__________________ as of ___________________, 20___. The Obligee shall have the right to any additional arrearage that may accrue through the date of the first deduction of income and for all other periods of non-payment.
The total amount deducted shall be forwarded by the Obligor's employer ("Payor") within two business days after each payment date to:
Family Support Registry
P. O. Box 1800
Carrollton, Georgia 30112-1800
The maximum amount to be deducted by a Payor shall not exceed the amount allowable under Section 303(b) of the federal Consumer Credit Protection Act, 15 USC § 1673(b), as amended.
The Obligor is hereby ordered to perform all acts necessary for the proper withholding of the sums stated in this IDO, including delivery of the IDO to his or her employer and future employers, and to personally monitor and confirm on an ongoing basis that the payments withheld are timely and properly deducted from his or her income and forwarded as ordered, correctly identified with the above case. Failure of the employer to perform under this order does not relieve the Obligor of his or her obligation to ensure that payment is made.
No Payor shall discharge an Obligor by reason of the fact that income has been subjected to an IDO under OCGA § 19-6-32. A Payor who violates this paragraph is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. Penalties shall be paid to the Obligee or the Division of Child Support Services, whichever is enforcing the IDO, if any support is due and payable. If no support is due and payable, the penalty shall be paid to the Obligor.
SO ORDERED this __________ day of ____________________, 20___.
______ ______________________
______________________, Judge
Superior Court of _________County
Prepared and presented by:
________________________
________________________
________________________
Ga. R. Sup. Ct. 24.12