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Georgia Debtor and Creditor
In addition to garnishment proceedings otherwise available in this chapter, a writ of garnishment shall issue for the continuing withholding of earnings for the enforcement of a judgment for periodic support of a family member. Unless otherwise specifically provided in this article, the methods, practices, and procedures for continuing garnishment for support shall be the same as for any other garnishment as provided in this chapter, including, but not limited to, procedures relative to default of a garnishee and relief from default and provisions relative to fees and expenses.
As used in this article, the term:
(1) "Accruing on a daily basis" means the amount of support computed by conversion of the periodic amount to an annual sum, divided by 365.
(2) "Department" means the Department of Human Resources.
(3) "Earnings" means any periodic form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest.
(4) "Family member" means any minor child of the defendant or a spouse or former spouse of the defendant.
(5) "Judgment" means any order or judgment of a court of this state, any order or judgment of a court of another state which has been registered pursuant to Code Section 19-11-77 or otherwise, any order of a court of this state entered pursuant to a proceeding under Chapter 10 of Title 19, any final administrative order for support issued by the department, or any final administrative order issued by another state.
(6) "Periodic support" means support required by the terms of a court order or judgment or an administrative order to be paid regularly on a daily, weekly, monthly, or other similar specified frequency.
(a) The contents of the affidavit for continuing garnishment for support shall be substantially identical to those set forth in Code Section 18-4-112, but in addition thereto, the plaintiff shall attach a certified copy of the judgment to be enforced and shall also state the following in the affidavit:
,p class="dent1">(1) That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month's obligation as decreed in said judgment;
(2) The amount of arrearage which exists under said judgment as of the date of the execution of the affidavit;
(3) The periodic amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in the judgment; and
(4) The date of the termination of the obligation of support of each obligee named in the order or judgment of support, based upon the terms of said order or judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years.
(b) Such affidavit may be amended from time to time by subsequent affidavits of any party showing a modification or other amendment to the original judgment sought to be enforced. Such amended or subsequent affidavits shall include a certified copy of any such modification or amendment and shall contain the information required by paragraphs (1) through (4) of subsection (a) of this Code section.
(a) The summons of continuing garnishment for support shall be directed to the garnishee who shall be required to file a first answer no later than 45 days after service, which answer shall state what earnings were payable to the defendant from the time of service through and including the day of the first answer and the basis for the computation of same, including the rate of pay and hours worked, or salaries, commissions, or other basis of compensation.
(b) The garnishee shall accompany such initial answer with money of the defendant admitted in the answer to be subject to continuing garnishment for support. In computing the amounts subject to this article, the provisions of subsection (f) of Code Section 18-4-20 shall control.
(c) The money paid into court with the initial answer, after deduction for costs, shall be first applied to the periodic support payment accrued on a daily basis from the date of the affidavit of the plaintiff to the date of the initial answer. All sums in excess of such periodic payment shall be applied to the original arrearage. Original arrearage shall mean those arrears existing as of the date of the making of the plaintiff's affidavit, plus any amounts includable pursuant to subsection (b) of Code Section 18-4-134.
(a) If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit is not satisfied by the money payable into court under the initial answer of the garnishee, after application of the funds as set forth in subsection (c) of Code Section 18-4-133, the garnishee shall file further answers no later than 45 days after the previous answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such answer period. The amounts paid into court pursuant to subsequent answers, over and above the periodic payment accruing within such answer period, shall be applied to the original arrearage until the same is retired.
(b) If the earnings paid into court pursuant to any answer by the garnishee are less than the sums due under the periodic support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments.
(c) The garnishee shall file additional answers until the original arrearage is retired and all periodic support payments are current.
(d) Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final answer stating the date and reason for the defendant's termination from employment and stating, to the best of the garnishee's information, the defendant's present residential address and employer.
The writ of garnishment described in this article shall attach for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired. The garnishee may rely upon the information as to the termination date of the duty of support of any individual claimed in the affidavit of garnishment, the amount of the duty of periodic support to be paid, any sums paid by the defendant between the date of the filing of the plaintiff's affidavit and the date of the initial answer of the garnishee, and the amount of the original arrearage existing as of the date of the affidavit of garnishment, unless the same are traversed by the defendant and the court enters any finding otherwise.
GA Georgia Official State Statutes
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