Child Support

If Both Parents Share Equal Custody Or Parenting Time In Georgia, Does Anyone Have To Pay Child Support?

Child support in Georgia is determined by a formula that takes into consideration the income of both parents, whether one party is paying for health insurance, daycare expenses, and if there are other children that the parents are supporting.

The formula does not consider the number of days the child spends with each parent. However, if the parents are sharing custody equally, the court may deviate from the formula. It’s important to note that child support can be requested during the divorce process, but it’s not commonly awarded in temporary orders.

How Is Child Support Enforced In Georgia? What Happens If The Paying Parent Is Not Making Payment?

If the paying parent is not making child support payments, the payee parent may wish to go to child support enforcement. The payee parent could also get an attorney or try to enforce payment themselves. The process is to file a Contempt Petition indicating that the paying parent is not complying with the court order.

At that point, the judge has to decide on things:

• Did the other parent disobey the court order?
• Did they do so willfully?

If the other parent willfully fails to obey the court order, the court can put them in jail or fine them. The court can implement an order that could say the other parent will pay support at X dollars a month extra for the amount in arrears. Sometimes the court will make an order for immediate incarceration if the payor misses another payment.

If the judge finds that they couldn’t obey the court order, they could dismiss the case or only set arrears instead of punishing them with jail and fines.

How Long Will I Receive Child Support In Georgia Or How Long Will I Have To Pay Child Support?

You generally pay or receive child support until your child is 18 in the State of Georgia.

If the child is still in high school full time, you have to pay support until they finish high school. If the child goes to high school part-time, support is given until they turn 18. If they do not finish high school, you have to pay until they are 20 unless they go to high school part-time.

I Can No Longer Afford The Court-Ordered Child Support Payments. How Do I Petition For A Reduction In Child Support?

If you find yourself in a position where you cannot afford to pay court-ordered child support, you can file a petition to amend it. These petitions are available on the southern judicial court’s website for use if you cannot afford an attorney, which is the case for many.

If your case is going through child support enforcement, they do an automatic check on it. All you have to do is request a modification every three years unless there have been changes before that point. If this is the case, you can ask for a modification of the court.

As A Paying Parent, Do I Have Any Say In How The Child Support Is Spent?

Paying parents have no say in how the child support that they pay is used. Payees alone determine how to spend child support in Georgia.

Can I Deny Visitation If My Ex Or The Father Of My Child Doesn’t Pay Child Support In Georgia?

You cannot deny visitation to your ex-spouse or the father of your child if they do not pay child support in the State of Georgia.

Denying visitation and failing to pay child support are two separate issues. Denying visitation to your ex-spouse or the father of your child is in one way no different from them not paying child support – it is a violation of a court order. In these situations, it is best to take the high ground and not expose yourself to the potential consequences.

Our practice has seen cases where a judge put both parties involved in a case like this in jail. We highly advise to not even entertain the thought of doing something like this.

Georgia guidelines allow for a variety of situations. Having a lawyer navigate them with you is the best way to ensure you get the ideal outcome. For more information on Child Support in Georgia, an initial consultation is your next best step.

Can I Get Child Support During The Divorce Process In Georgia?

Georgia statute provides for temporary child support, but it is rarely ordered. Judges require mediation before they do anything with child support. If there has not been much discovery, people rarely ask for temporary support, because you will go to trial promptly after mediation.