Georgia Child Support Enforcement

When couples divorce or separate, they typically negotiate a child custody arrangement and child support. Sometimes, they’re able to do this amicably. In other cases, the parties go to court, where a judge determines whether either parent will receive child support.

Whether you have a child support agreement with your ex-spouse or a child support order from the courts, it’s crucial that the person with the child support obligation makes their payments on time.

In most child support cases, the non-custodial parent (NCP) must pay child support to the parent with primary physical custody. If the NCP refuses to make payments or falls behind on child support, the other parent can seek enforcement from their local child support office.

This article explains how the state of Georgia handles child support enforcement. It examines what the Georgia Department of Human Services can do to help ensure you receive your child support payments on time.

What To Do if You Don’t Receive Your Child Support Payments on Time

In the state of Georgia, the Georgia Department of Human Resources, Division of Child Support Services (DCSS) oversees child support enforcement.

If the NCP doesn’t make child support payments on time, you can contact DCSS for help. It’s their job to ensure that children receive financial support from both parents. You can also ask for their assistance if the NCP isn’t paying the full amount of child support they owe. If the court order states they owe $200 per week in child support but have only contributed $100 per week, the DCSS office can pursue them for the difference.

If you already have a case with DCSS, contact the case manager handling your file. You’ll need to submit a copy of the original child support order. This is available at the Clerk of Court’s office. The child support enforcement unit has the power to collect authority to collect arrears and ensure that the NCP obtains health insurance for your kids.

How DCSS Enforces a Support Order

DCSS can do several things to a parent who doesn’t pay their child support. These include:

• Income withholding from the NCP’s paycheck, unemployment benefits, or disability benefits
• Apply their income tax refunds to their child support arrears
• Garnish the NCP’s workers’ compensation benefits
• Suspend or revoke their driver’s license and any professional license they hold (only available if they are more than 60 days behind)
• File liens and levies on their real property
• File a contempt of court action

The above enforcement actions will continue until you receive the full child support amount in arrears.

What To Do if You Cannot Afford to Make Your Child Support Payments

If you’re the NCP and are having problems making your payments, you can apply for a modification of child support through the superior court. The judge will only modify your child support payments if you or your family law attorney can show that you’ve experienced a substantial change in circumstances.

The judge will not reduce your child support obligation if the change is nominal or temporary. You must submit evidence that your situation has changed significantly and expect this change to last for some time.

Under Georgia law, the judge can also order a father into the Fatherhood program, a statewide program for non-custodial parents who owe child support but cannot pay. It stresses the importance of fathers being an emotional, parental, and financial part of their child’s life while helping them learn to become self-sufficient.

Will You Face Jail Time for Not Paying Child Support in Georgia?

If you become delinquent on your child support payments, you must make an immediate effort to pay the arrears. If you fail to do this, you may face both civil and criminal penalties.

The Division of Child Support Services oversees child support enforcement in the State of Georgia. If they learn that you owe several months of back child support, they will initiate enforcement action.

If you fail to comply with the DCSS demand for payment, you’ll face severe penalties. In most cases, the court will hold you in civil contempt and impose fines. If you have a history of delinquency, there is a chance the judge will hold you in criminal contempt. This can result in jail time in addition to a fine.

The length of your jail sentence depends on the facts of your case. This includes the amount you owe in arrears, your child support payment history, and your criminal record.

Georgia’s Child Support Enforcement Laws: Summary

The following table highlights the main provisions of Georgia’s Child support enforcement laws. For additional information on other family-related issues, check out FindLaw’s Georgia Family Law articles.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a family law attorney or conduct legal research to verify Georgia laws.

Child Support Enforcement in Georgia: Related Resources

• Uniform Federal Family Support Act
• Federal Parent Locator Service
• Child Support Enforcement FAQs
• How Do I Locate a Parent for Child Support
• Enforcement and Collection of Back Child Support
• Georgia Child Support Guidelines

Issues With Child Support Enforcement in Georgia? Get Legal Advice From an Attorney

Georgia law makes it difficult for parents to avoid paying child support. Enforcement measures are in place for those parents who refuse to comply with a child support order. If you’re a parent who needs help enforcing a child support order or wants to file a contempt action against the NCP, contact a skilled Georgia child support lawyer.