Singleton d/b/a Singleton Constr. Co. v. State of Ga., Dep't of Human Resources

O.C.G.A. § 19-6-30 et seq. provides for service of notice upon payor by regular mail and notice is deemed to be perfected upon mailing so defendant had sufficient notice, even though his wife signed for copy of an income deduction order as his agent.

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On December 5, 2002, Joe Singleton d/b/a Singleton Construction Company filed his notice of appeal from the order of November 27, 2002, holding him in contempt for ignoring an income deduction order for an employee brought by the State of Georgia, Department of Human Resources, ex rel Ebony M. Drayton, James L. Drayton, and Jasmine R. Drayton. Finding no error, we affirm. On December 18, 1998, in Civil Action Number DR97-1998-BA, the Superior Court of Chatham County entered a child support award against Joe Drayton for support of his three minor children. On November 19, 1999, Drayton was held in contempt and jailed for non-payment. On December 8, 1999, the trial court entered an Income Deduction Order for the first time; the order stated that previously on December 7, 1999, Drayton had purged his earlier contempt by making the previously ordered payments of arrearage and attorney fees; that Drayton had been released from jail upon paying the sums; that an Income Deduction Order for future payments was imposed; and that it was captioned “Terms For Release of Defendant Being Held For Child Support Contempt And Income Deduction Order.” At the time of the entry of the Income Deduction Order and while in jail, Drayton was the employee of Joe Singleton d/b/a Singleton Construction Company.

On December 8, 1999, counsel for the Child Support Enforcement sent a copy of the Income Deduction Order, as well as written notice by certified mail —return receipt requested —to Singleton Construction Company, ATTN: PAYROLL, P. O. Box 23614, Savannah, Georgia 31402. On December 9, 1999, the return receipt was signed by Ernestine Singleton for Singelton Construction Company.

Singleton d/b/a Singleton Constr. Co. v. State of Ga., Dep't of Human Resources

O.C.G.A. § 19-6-30 et seq. provides for service of notice upon payor by regular mail and notice is deemed to be perfected upon mailing so defendant had sufficient notice, even though his wife signed for copy of an income deduction order as his agent.

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