With the estimated cost to raise a child hovering around $200,000 according to some sources, Georgia courts have been vigilant in enforcing child support laws. In 2007, new laws went into effect based on the “shared income” model that had been adopted by other states. In short, if the mother, in this case the custodial parent, makes $2,000 a month and the father makes $8,000 a month, the father would be responsible for 80 percent of the child’s expenses. The Georgia child support changes were made to equal the playing field between parents. For example, even if the mother (the custodial) parent, made more than the father, often he would still be forced to pay a large amount of support based on his income since hers was not considered. By including the income of both parents, lawmakers hoped the cost of raising the child would be shared more equally by both parents.
Determining Child Support for Divorcing Parents
When going through a divorce, both parents will fill out a worksheet and schedule. The parents will provide several documents to the court to determine the amount of child support, including but not limited to:
• Proof of income which could include paycheck stubs or income tax returns
• Estimated medical and day care costs
• Health insurance options for the child
• Special expenses (summer camps, extracurricular activities)
• A personal budget showing the parent’s other expenses.
The support amount will be set by the judge based on the reports and the state guidelines. Georgia child support is paid through payroll deduction in most cases. Child support payments are made to the Georgia Family Support Registry.
What Happens If a Parent Doesn’t Pay?
Failure to pay child support is considered contempt of court. The state has several ways to collect back child support including:
• Seizing the parent’s tax refunds
• Placing a lien on bank accounts
• Intercepting lottery winnings
• Revoking driver’s license
• Reporting the arrears to the credit bureau
• In extreme cases, the parent may be jailed for failure to pay child support.
Paternity and Child Support
Mothers who were never married to their child’s father will have to establish paternity before child support can be collected unless the father signed a voluntary paternity agreement. In some cases, these fathers must be located. A DNA test can be conducted by the Georgia Office of Child Support Services. If it is determined that the man is the father or cannot be excluded as the father, the mother can file a case for support with the state’s child support office.
Finally, fathers are not the only ones who are required to pay child support. Mothers who do not have custody are also required to support their children financially.
Michael Waddington is a trial attorney that has been quoted by hundreds of major media sources to include USA Today, Washington Post, New York Times, Newsweek, Fox News, Fox and Friends, CNN, MSNBC, CBS News, ABC News and many others. He is the founder of the legal marketing firm, Legal Niche Pros, LLC. Learn more at www.legalnichepros.com.
