Affidavit of continuing garnishment for support; service

(a) In addition to the information required by subsection (a) of Code Sections 18-4-3 and 18-4-41, the plaintiff shall attach a certified copy of the judgment to be enforced to the affidavit of continuing garnishment for support and shall state the following in such affidavit: (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 such judgment; (2) The amount of arrearage which exists under such judgment as of the date of the execution of the affidavit; (3) The 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 such judgment; and (4) The date of the termination of the obligation of support of each obligee named in the judgment, based upon the terms of such 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 being 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. (c) The plaintiff shall serve the summons of continuing garnishment for support and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8. (d) The form for an affidavit of continuing garnishment for support is set forth in Code Section 18-4-73. History. Code 1981, § 18-4-52, enacted by Ga. L. 2016, p. 8, § 1/SB 255. 18-4-53. Summons of continuing garnishment for support; maximum disposable income subject to garnishment; retirement funds not exempted. (a) A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing 226 18-4-54 garnishment for support is set forth in Code Section 18-4-80, and the optional attachment thereto is set forth in Code Section 18-4-81. (b) Subject to the limitations set forth in Code Section 18-4-6, the maximum part of disposable earnings for any work week which shall be subject to continuing garnishment for support shall not exceed 50 percent of the defendant’s disposable earnings for that week. (c) Funds or benefits from an individual retirement account or from a pension or retirement program shall not be exempt from the process of continuing garnishment for support except as provided in subsection (b) of this Code section for other disposable earnings, unless a greater exemption is otherwise provided by law. History. Code 1981, § 18-4-53, enacted by Ga. L. 2016, p. 8, § 1/SB 255. 18-4-54. Application of money paid into court; additional garnishee answers; termination. (a) The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing by 365, from the date of the plaintiff’s affidavit of continuing garnishment for support to the date of the initial garnishee answer. All sums in excess of such payment shall be applied to the original arrearage. As used in this subsection, the term “original arrearage” means the sum of arrears existing as of the date of the making of the plaintiff’s affidavit of continuing garnishment for support, plus any amounts includable pursuant to subsection (c) of this Code section. (b) If the amount claimed as original arrearage as of the date of the making of the plaintiff’s affidavit of continuing garnishment for support is not satisfied by the money payable into court under the initial garnishee answer, after application of the funds as set forth in subsection (a) of this Code section, the garnishee shall file further garnishee answers no later than 45 days after the previous garnishee answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such period. The amounts paid into court pursuant to subsequent garnishee answers, over and above the periodic payment accruing within such period, shall be applied to the original arrearage until the same is retired. (c) If the money paid into court pursuant to any garnishee answer is less than the sums due under the support requirement accruing over the same period of time, after allowance for any costs deductible from 227 18-4-55 same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments. (d) The garnishee shall file additional garnishee answers until the original arrearage is retired and all support payments are current. (e) Upon the termination of employment of or periodic obligations for payment to the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant’s termination. After any two preceding, timely garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee’s answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later. History. Code 1981, § 18-4-54, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 22/SB 443. The 2020 amendment, effective January 1, 2021, in subsection (e), inserted “or periodic obligations for payment to” in the first sentence and added the second sentence. 18-4-55. Termination of continuing garnishment for support; garnishee’s reliance upon information in affidavit. The continuing garnishment for support described in this article shall attach for so long as the defendant is employed by or owed periodic payments from the garnishee or a final garnishee answer is served on the plaintiff and not traversed within 20 days and shall not terminate until the original arrearage is retired and all support payments are current. 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 continuing garnishment for support, the amount of the duty of support to be paid, any sums paid by the defendant between the date of the filing of such affidavit and the date of the initial garnishee answer, and the amount of the original arrearage existing as of the date of such affidavit, unless the defendant files a claim against such affidavit or the garnishee’s answer and the court enters any finding otherwise. History. Code 1981, § 18-4-55, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 23/SB 443. The 2020 amendment, effective January 1, 2021, in the first sentence, inserted “or owed periodic payments from” and “or a final garnishee answer is served on the plaintiff and not traversed within 20 days”. 228 18-4-70