Child support is a monetary obligation that a non-custodial parent has to pay to the custodial parent for the welfare of their child. It is a legal obligation and failure to pay child support can have serious consequences. In Georgia, child support is determined based on a variety of factors, including the income of both parents and the needs of the child.
However, what happens when a parent fails to pay child support? Can the custodial parent get back child support? This article explores the options available in Georgia for getting back child support.
Enforcing Child Support Orders In Georgia
The first step to getting back child support is to enforce the child support order. In Georgia, there are several methods of enforcing child support orders, including:
Income Withholding
Income withholding is the most common method of enforcing child support in Georgia. This involves the child support being automatically deducted from the non-custodial parent’s paycheck by their employer and sent directly to the Georgia Family Support Registry for distribution to the custodial parent.
Contempt of Court
If a non-custodial parent fails to pay child support, the custodial parent can bring them to court for contempt of court. If found guilty, the non-custodial parent may face fines, jail time, or both.
License Suspension
In Georgia, the Department of Driver Services can suspend the non-custodial parent’s driver’s license if they fail to pay child support. This suspension can be lifted once the non-custodial parent pays the overdue child support.
Seizure of Property
In some cases, the Georgia Department of Revenue can seize a non-custodial parent’s property, such as a vehicle, to pay overdue child support.
Back Child Support in Georgia
If a non-custodial parent has failed to pay child support, the custodial parent may be able to get back child support. Back child support, also known as arrears, is the amount of child support that the non-custodial parent owes.
Georgia Statute of Limitations for Back Child Support
Under Georgia law, there is no statute of limitations for back child support. This means that the non-custodial parent can be held responsible for paying back child support even if it has been many years since the payments were due.
Enforcement of Back Child Support
Getting back child support can be a difficult and time-consuming process. However, there are several methods of enforcing back child support in Georgia, including:
- Income withholding: The custodial parent can request that income withholding be used to collect the back child support.
- Contempt of Court: The custodial parent can bring the non-custodial parent to court for failure to pay back child support. If found guilty, the non-custodial parent may be subject to fines, jail time, or both.
- Seizure of Property: The Georgia Department of Revenue can seize the non-custodial parent’s property, such as a vehicle, to pay back child support.
Conclusion
Child support is an important obligation that both parents have for the welfare of their child. Failure to pay child support can have serious consequences in Georgia. While getting back child support can be a difficult and time-consuming process, there are several methods of enforcing child support orders and collecting back child support. Custodial parents in Georgia should be aware of their options for enforcing child support and getting back child support.