Kelly Kennedy filed a class action complaint for damages contending that the Georgia Department of Human Resources, Office of Child Support Enforcement “the Department” failed to collect post-judgment interest on unpaid child support. The trial court granted the Department’s motion for summary judgment based on sovereign immunity and the Department’s lack of statutory authority to collect interest on a judgment not obtained directly by the Department. Kennedy appeals, asserting in part that the Department waived its sovereign immunity by entering into an alleged written contract to collect her child support payments, arrearages, and interest. We disagree and affirm. “Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Citation omitted. Murray v. Fitzgerald Convenient Centers , 239 Ga. App. 799 521 SE2d 915 1999.
Viewed in this light, the record shows that Kennedy signed a document drafted by the Department that was used as part of its application for services to a custodial parent. This document, titled “Statement of Understanding,” provided “I, Kelly Kennedy, . . . hereby contract with the Office of Child Support Enforcement OCSE to provide appropriate child support services. This application constitutes the contract and its terms. I understand that OCSE determines which services are necessary for me.” The document further provided “I understand that,” and listed 18 different items by which Kennedy placed her initials. One of these items provided: “If my order was issued in Georgia, OCSE is authorized to calculate and collect interest on overdue child support pursuant to Georgia Law OCGA § 7-4-12.1. . . .” The document concluded with the following statement above Kennedy’s signature: “My signature on this document constitutes a contract and authorizes the Office of Child Support Enforcement to provide necessary and appropriate services on my behalf.” The “Statement of Understanding” did not include a preprinted place for the Department to sign and date as it did for the “applicant.” It is undisputed that the Department did not seek post-judgment interest on Kennedy’s behalf as a matter of Department policy.
