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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
THE GEORGIA DEPARTMENT OF HUMAN _ CIVIL ACTION FILE NO. 21-A-08565-11
SERVICES, ex. rel., DCSS No. 530019626
DYLAN A MOORE;
AMORI D MOORE,
PLAINTIFF
Vv
DJUAN MOORE,
DEFENDANT
TEMPORARY CONTEMPT ORDER
The above-referenced case having come before the Court on 9-7-2023 via zoom at which
time Defendant and Custodial Parent appeared after being duly served and noticed. It is hereby
ordered that:
a) Defendant shall notify the IV-D Agency, the Georgia Department of Human Services,
Division of Child Support Services (hereinafter DCSS) within seven (7) days of any change of
address, change of employment, receipt of unemployment or workers' compensation payments,
and receipt of any income from any source (including but not limited to personal injury or other
lawsuit proceeds, severance pay, retirement or pension payments, lottery or other winnings);
b) Defendant is notified that DCSS will collect support and any arrears or fees
owed by any and all lawful means including: administrative remedies; including but not limited to:
suspension of any and all licenses issued by the State and held by Defendant, including Driver’s
License; seizure of any and all financial assets held by various sources; issuance of IWO for
collection of any amounts owed to the child(ren) or the State of Georgia, seizure of State or
Federal Income tax refunds
c) All payments received shall be applied to any current support obligations, then to all
other amounts owed by Defendant and collected by DCSS in such manner as set forth by the Code
of Federal Regulations and as deemed appropriate by DCSS. Any amount owed that is not either
current support or a cost assessed for the processing of a payment shall be deemed to be arrears.
If Defendant owes any arrears at the time current support ends for a child or children, by either
emancipation or custody change, then the Total Amount of Deduction listed in the income
deduction order (IDO) shall continue unreduced until all arrears are paid in full.
d) Defendant shall pay any applicable Family Support Registry (FSR) fee for each payment
pursuant to O.C.G.A. § 19-6-33.1(j) as well as any other fees owed to the State by FIW, including
but not limited to those fees due under Georgia law or applicable DHS Rules and Regulations
pursuant to Rule 290-7-1.05.
e) This order is subject to the right to request in writing by completing an application for
review and modification through their local child support office subject to the terms of O.C.G.A. §
19-11-12, once every 36 months, or if less than 36 months, providing proof of a substantial change
in circumstance as required by the statute.
f) Defendant is notified that, notwithstanding any provision in this order pertaining to the
payment or collection of arrears, Plaintiff retains the right under the law to intercept Defendant’s
state and federal income tax refunds if any arrears or interest are owed.
g) Whenever, in violation of the terms of this Order, there shall have been a failure to make
the support payments due hereunder so that the amount unpaid is equal to or greater than the
amount payable for one month, the payments required to be made may be collected by the
DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 1 of 4
process of continuing garnishment for support.
h) All missed payments of support shall be subject to interest pursuant to O.C.G.A. § 7-4-
12.1, but will be collected by DCSS only when authorized by O.C.G.A. § 19-11-7.
It is further Ordered that:
1. SERVICE AND APPEARANCE OF DEFENDANT:
X___ Defendant was served with and/or waived process and appeared, or
Defendant was served with and/or waived process and failed to appear, or
Defendant waives service and consents to the jurisdiction and venue of this Court;
2. FINDINGS:
X Defendant was previously Ordered to pay support in the amount of $432.00 per MONTH
as periodic support for the minor child(ren).
X Defendant is in arrears in the amount of $11,147.50 child support, owed to DCSS as of
8Gro-31-2023,
teehee |with the last payment having been made 8-8-2023. All amounts of past due support
subject to interest will be charged interest pursuant to O.C.G.A. § 7-4-12.1;
X Defendant is found to be in willful contempt due to Defendant's failure to make a diligent
and bona fide effort to comply with the Court’s order.
X Defendant is found to be in arrears in an amount equivalent to or greater than the current
support due for 60 days. Therefore, DCSS is authorized to present this order to a licensing or
registering entity under O.C.G.A. § 19-6-28.1 for suspension of a license or non-renewal of a
license, including but not limited to, recreational licenses issued by the Georgia Department of
Natural Resources.
3. SANCTIONS:
AX _ Defendant shall continue to pay his/her current support in the amount of $432.00 PER
MONTH as previously Ordered with the next payment due on 10-1-2023.
X Arrears Repayment: Defendant shall purge himself/herself of contempt by paying the sum
of $80.00 per Month towards the arrearage beginning 10-1-2023. Said payments shall continue
until the total amount due has been paid in full or until further Order of the Court. If Defendant
owes any arrears at the time the current support ends, Defendant shall continue to pay the
total amount, including both current and repayment amounts, until all arrears are paid in full
or until further Order of the Court.
X__ Further Hearing: Defendant is hereby ordered to reappear before this Court on 3-6-2024
at 2:30PM via Zoom to show his/her compliance with the terms and conditions of this order. At
that time, Defendant may be found to be in contempt of this order should the evidence show that
Defendant willfully failed to abide by the terms and conditions of this order.
DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 2 of 4
4 INCOME DEDUCTION ORDER (IDO):
X The Court orders the IV-D Agency (DCSS) to issue an Income Deduction Order (Federal
Form OMB:0970-0154, Income Withholding Notice) to the employer/payor of Defendant and all
subsequent employers/payors.
AMOUNT: The IV-D Agency shall issue the IDO for the amount of current support due
under this order. The IV-D Agency may add to this amount an additional amount for repayment if
the Obligor becomes more than 30 days delinquent on his current support or fee accounts.
Further, if the Obligor becomes more than 30 days delinquent for support or for fees owed to
DCSS, including but not limited to past due genetic test fees and file maintenance fees, pursuant to
0.C.G.A. § 19-6-32 DCSS may add an amount to be applied towards any amount owed for such
past due support or fees. The IV-D Agency shall notify the obligor by first class mail at the obligor’s
last known address, of its intent to add this extra amount and if the obligor makes a written
objection to the amount of the repayment, a hearing shall be held to hear said objection.
DURATION: The IV-D Agency (DCSS) IDO shall supersede any IDO which may have been
previously entered in this case. This IDO shall remain in full force and effect until modified,
suspended or terminated by further order of this Court or until such time as the Custodial Parent
terminates the assignment of rights to the I|V-D Agency (DCSS) and there are no funds being
collected on behalf of a debt owed to the State.
The IV-D Agency (DCSS) IDO and all further papers required to be served pursuant to
0.C.G.A. §19 6 30 et seq., shall be served upon Defendant by regular mail in accordance with the
alternative service provisions of O.C.G.A. § 9 11 4(i).
When all past due amounts are paid, the IV-D Agency shall issue a new IDO for collection of
current support only.
DUTY TO ENSURE COMPLIANCE: Defendant is hereby ordered to perform all acts
necessary for the proper withholding of the sums stated in this IDO, including delivery of the same
to his employer/payor and future employers/payors, and to personally monitor and confirm on an
ongoing basis that the payments withheld are timely and properly deducted from his/her income
and forwarded as ordered, correctly identified with the above case. Failure of the employer/payor
to perform under this order does not relieve Defendant of the obligation to make sure that payment
is made.
CONSUMER CREDIT PROTECTION ACT: The maximum amount to be deducted shall not
exceed the amounts allowed under 303.b of the Consumer Credit Protection Act, 15 U.S.C. §1673
(b) as amended
Accident and Sickness and/or Health Insurance: The obligation to have accident and sickness
and/or health insurance will remain until such time as no monetary support is due, or until one of
the following are checked: (check one))
until the child(ren) reaches 18 or
X until the child(ren) graduates high school but in no case more than age 20.
X_ The Court finds the children are covered by public or private medical insurance.
The Court finds the children are not covered by public or private medical insurance.
DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 3 of 4
The Court orders that all children covered by monetary support also be covered by accident and
sickness insurance. It shall be the duty of the Defendant herein to purchase the same at all times
that the children are not covered by any other public or private insurance, so long as the cost of
such policy does not exceed a reasonable cost as defined by 45 CFR 303.31. The Defendant shall
provide proof of such insurance to the IV-D Agency by sending a copy of the insurance card within
10 days of purchase. Failure to provide such coverage may result in direct enforcement of the
Order in accordance with O.C.G.A. § 19-11-27. The said named Defendant or the IV-D Agency
(DCSS) shall, upon request, provide information to the insurer necessary to meet the ERISA
requirements, 29 U.S.C. § 1169, defining a qualified medical support order. If the children are
covered by insurance purchased by the Custodial Parent who received an adjustment in the
amount of child support, then the Defendant shall have the right to have a review and modification
if the insurance coverage purchased by the Custodian ends for whatever reason.
5. OTHER ITEMS:
X The Defendant testified to some direct payments made to the Custodial Parent that
were not credited in the previous adjudication. The custodial parent acknowledged receipt
of said payments in open court during a hearing in June 2023. The Defendant has been
given a credit for said payments in the amount of $5,323.00.
SO ORDERED, this day of , 2023.
HONORABLE MELODIE SNELL CONNER
Senior Judge, by Designation
Gwinnett County Superior Court
Submitted by:
/s/ E. Talley Gray
E. Talley Gray
Special Assistant Attorney General
GA Bar No. 533660
95 Constitution Blvd., Suite 200
Lawrenceville, GA 30046
Tel: 678.428.4868
e-mail: talle mail.com
DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 4 of 4
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IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA THE GEORGIA DEPARTMENT OF HUMAN _ CIVIL ACTION FILE NO. 21-A-08565-11 SERVICES, ex. rel., DCSS No. 530019626 DYLAN A MOORE; AMORI D MOORE, PLAINTIFF Vv DJUAN MOORE, DEFENDANT TEMPORARY CONTEMPT ORDER The above-referenced case having come before the Court on 9-7-2023 via zoom at which time Defendant and Custodial Parent appeared after being duly served and noticed. It is hereby ordered that: a) Defendant shall notify the IV-D Agency, the Georgia Department of Human Services, Division of Child Support Services (hereinafter DCSS) within seven (7) days of any change of address, change of employment, receipt of unemployment or workers' compensation payments, and receipt of any income from any source (including but not limited to personal injury or other lawsuit proceeds, severance pay, retirement or pension payments, lottery or other winnings); b) Defendant is notified that DCSS will collect support and any arrears or fees owed by any and all lawful means including: administrative remedies; including but not limited to: suspension of any and all licenses issued by the State and held by Defendant, including Driver’s License; seizure of any and all financial assets held by various sources; issuance of IWO for collection of any amounts owed to the child(ren) or the State of Georgia, seizure of State or Federal Income tax refunds c) All payments received shall be applied to any current support obligations, then to all other amounts owed by Defendant and collected by DCSS in such manner as set forth by the Code of Federal Regulations and as deemed appropriate by DCSS. Any amount owed that is not either current support or a cost assessed for the processing of a payment shall be deemed to be arrears. If Defendant owes any arrears at the time current support ends for a child or children, by either emancipation or custody change, then the Total Amount of Deduction listed in the income deduction order (IDO) shall continue unreduced until all arrears are paid in full. d) Defendant shall pay any applicable Family Support Registry (FSR) fee for each payment pursuant to O.C.G.A. § 19-6-33.1(j) as well as any other fees owed to the State by FIW, including but not limited to those fees due under Georgia law or applicable DHS Rules and Regulations pursuant to Rule 290-7-1.05. e) This order is subject to the right to request in writing by completing an application for review and modification through their local child support office subject to the terms of O.C.G.A. § 19-11-12, once every 36 months, or if less than 36 months, providing proof of a substantial change in circumstance as required by the statute. f) Defendant is notified that, notwithstanding any provision in this order pertaining to the payment or collection of arrears, Plaintiff retains the right under the law to intercept Defendant’s state and federal income tax refunds if any arrears or interest are owed. g) Whenever, in violation of the terms of this Order, there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 1 of 4 process of continuing garnishment for support. h) All missed payments of support shall be subject to interest pursuant to O.C.G.A. § 7-4- 12.1, but will be collected by DCSS only when authorized by O.C.G.A. § 19-11-7. It is further Ordered that: 1. SERVICE AND APPEARANCE OF DEFENDANT: X___ Defendant was served with and/or waived process and appeared, or Defendant was served with and/or waived process and failed to appear, or Defendant waives service and consents to the jurisdiction and venue of this Court; 2. FINDINGS: X Defendant was previously Ordered to pay support in the amount of $432.00 per MONTH as periodic support for the minor child(ren). X Defendant is in arrears in the amount of $11,147.50 child support, owed to DCSS as of 8Gro-31-2023, teehee |with the last payment having been made 8-8-2023. All amounts of past due support subject to interest will be charged interest pursuant to O.C.G.A. § 7-4-12.1; X Defendant is found to be in willful contempt due to Defendant's failure to make a diligent and bona fide effort to comply with the Court’s order. X Defendant is found to be in arrears in an amount equivalent to or greater than the current support due for 60 days. Therefore, DCSS is authorized to present this order to a licensing or registering entity under O.C.G.A. § 19-6-28.1 for suspension of a license or non-renewal of a license, including but not limited to, recreational licenses issued by the Georgia Department of Natural Resources. 3. SANCTIONS: AX _ Defendant shall continue to pay his/her current support in the amount of $432.00 PER MONTH as previously Ordered with the next payment due on 10-1-2023. X Arrears Repayment: Defendant shall purge himself/herself of contempt by paying the sum of $80.00 per Month towards the arrearage beginning 10-1-2023. Said payments shall continue until the total amount due has been paid in full or until further Order of the Court. If Defendant owes any arrears at the time the current support ends, Defendant shall continue to pay the total amount, including both current and repayment amounts, until all arrears are paid in full or until further Order of the Court. X__ Further Hearing: Defendant is hereby ordered to reappear before this Court on 3-6-2024 at 2:30PM via Zoom to show his/her compliance with the terms and conditions of this order. At that time, Defendant may be found to be in contempt of this order should the evidence show that Defendant willfully failed to abide by the terms and conditions of this order. DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 2 of 4 4 INCOME DEDUCTION ORDER (IDO): X The Court orders the IV-D Agency (DCSS) to issue an Income Deduction Order (Federal Form OMB:0970-0154, Income Withholding Notice) to the employer/payor of Defendant and all subsequent employers/payors. AMOUNT: The IV-D Agency shall issue the IDO for the amount of current support due under this order. The IV-D Agency may add to this amount an additional amount for repayment if the Obligor becomes more than 30 days delinquent on his current support or fee accounts. Further, if the Obligor becomes more than 30 days delinquent for support or for fees owed to DCSS, including but not limited to past due genetic test fees and file maintenance fees, pursuant to 0.C.G.A. § 19-6-32 DCSS may add an amount to be applied towards any amount owed for such past due support or fees. The IV-D Agency shall notify the obligor by first class mail at the obligor’s last known address, of its intent to add this extra amount and if the obligor makes a written objection to the amount of the repayment, a hearing shall be held to hear said objection. DURATION: The IV-D Agency (DCSS) IDO shall supersede any IDO which may have been previously entered in this case. This IDO shall remain in full force and effect until modified, suspended or terminated by further order of this Court or until such time as the Custodial Parent terminates the assignment of rights to the I|V-D Agency (DCSS) and there are no funds being collected on behalf of a debt owed to the State. The IV-D Agency (DCSS) IDO and all further papers required to be served pursuant to 0.C.G.A. §19 6 30 et seq., shall be served upon Defendant by regular mail in accordance with the alternative service provisions of O.C.G.A. § 9 11 4(i). When all past due amounts are paid, the IV-D Agency shall issue a new IDO for collection of current support only. DUTY TO ENSURE COMPLIANCE: Defendant is hereby ordered to perform all acts necessary for the proper withholding of the sums stated in this IDO, including delivery of the same to his employer/payor and future employers/payors, and to personally monitor and confirm on an ongoing basis that the payments withheld are timely and properly deducted from his/her income and forwarded as ordered, correctly identified with the above case. Failure of the employer/payor to perform under this order does not relieve Defendant of the obligation to make sure that payment is made. CONSUMER CREDIT PROTECTION ACT: The maximum amount to be deducted shall not exceed the amounts allowed under 303.b of the Consumer Credit Protection Act, 15 U.S.C. §1673 (b) as amended Accident and Sickness and/or Health Insurance: The obligation to have accident and sickness and/or health insurance will remain until such time as no monetary support is due, or until one of the following are checked: (check one)) until the child(ren) reaches 18 or X until the child(ren) graduates high school but in no case more than age 20. X_ The Court finds the children are covered by public or private medical insurance. The Court finds the children are not covered by public or private medical insurance. DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 3 of 4 The Court orders that all children covered by monetary support also be covered by accident and sickness insurance. It shall be the duty of the Defendant herein to purchase the same at all times that the children are not covered by any other public or private insurance, so long as the cost of such policy does not exceed a reasonable cost as defined by 45 CFR 303.31. The Defendant shall provide proof of such insurance to the IV-D Agency by sending a copy of the insurance card within 10 days of purchase. Failure to provide such coverage may result in direct enforcement of the Order in accordance with O.C.G.A. § 19-11-27. The said named Defendant or the IV-D Agency (DCSS) shall, upon request, provide information to the insurer necessary to meet the ERISA requirements, 29 U.S.C. § 1169, defining a qualified medical support order. If the children are covered by insurance purchased by the Custodial Parent who received an adjustment in the amount of child support, then the Defendant shall have the right to have a review and modification if the insurance coverage purchased by the Custodian ends for whatever reason. 5. OTHER ITEMS: X The Defendant testified to some direct payments made to the Custodial Parent that were not credited in the previous adjudication. The custodial parent acknowledged receipt of said payments in open court during a hearing in June 2023. The Defendant has been given a credit for said payments in the amount of $5,323.00. SO ORDERED, this day of , 2023. HONORABLE MELODIE SNELL CONNER Senior Judge, by Designation Gwinnett County Superior Court Submitted by: /s/ E. Talley Gray E. Talley Gray Special Assistant Attorney General GA Bar No. 533660 95 Constitution Blvd., Suite 200 Lawrenceville, GA 30046 Tel: 678.428.4868 e-mail: talle mail.com DHS v. DJUAN MOORE 21-A-08565-11 DCSS No. 530019626 Page 4 of 4