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Georgia Dep't of Human Servs. v. Wright

The Georgia Department of Human Services' authority to seek a child support award on behalf of a minor was not dependent on a prior court order designating a "custodial parent".

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This Court granted the application for discretionary review of the Georgia Department of Human Services “DHS” to review the trial court’s ruling that, without an action for divorce having been undertaken, DHS may not seek an award against one parent for the support of a child. For the reasons that follow, we reverse.

DHS, on behalf of the minor child of Johnny B. Wright “Father”, filed a complaint against him, asking the superior court to order Father to pay child support and maintain accident and health insurance, and enforce the order through an income deduction order. During a hearing on the complaint, the trial court learned that Father was currently married to Monica N. Wright, the mother of the minor child “Mother”, and that no divorce or separate maintenance action had been filed. The court concluded that without such an action being filed by one of the parents, neither parent has been designated as the “custodial parent,” and concluded that DHS therefore had no authority to pursue an award of child support, and entered an order denying any child support recovery. However, DHS’s statutory authority to seek child support recovery is not dependent on a prior court order designating a “custodial parent.”

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