Child support is a crucial aspect of divorce proceedings in Atlanta, GA. It is a legal obligation that ensures the financial well-being of a child whose parents are no longer together. In most cases, the non-custodial parent is required to pay child support to the custodial parent to cover the child's basic needs such as food, shelter, and education. However, there are certain situations where exceptions to paying child support may apply. These exceptions are not common and are usually granted under specific circumstances.
In this article, we will explore the exceptions to paying child support in Atlanta, GA from an expert's perspective.
What is Child Support?Child support is a court-ordered payment made by one parent to the other for the financial support of their child. It is typically paid by the non-custodial parent to the custodial parent who has primary physical custody of the child. The amount of child support is determined by the court based on various factors such as the income of both parents, the needs of the child, and the standard of living before the divorce. In Atlanta, GA, child support payments are usually made until the child reaches the age of 18 or graduates from high school, whichever comes later. However, there are exceptions to this rule which we will discuss in detail below.
Exceptions to Paying Child Support in Atlanta, GA
1.IncarcerationIf a non-custodial parent is incarcerated for an extended period of time, they may be exempt from paying child support during their time in prison.
This exception only applies if the parent is unable to earn an income while incarcerated and has no assets or savings that can be used to pay child support. However, once the parent is released from prison, they will be required to resume child support payments. If they fail to do so, they may face legal consequences such as wage garnishment or even jail time.
2.DisabilityIf a non-custodial parent becomes disabled and is unable to work, they may be exempt from paying child support. This exception only applies if the disability is permanent and prevents the parent from earning an income. The court will require proof of the disability, such as medical records and doctor's reports, before granting this exception. It is important to note that this exception does not apply if the parent becomes temporarily disabled or is able to work in a different capacity.
In such cases, the court may modify the child support payments based on the parent's reduced income.
3.UnemploymentIn some cases, a non-custodial parent may become unemployed and unable to make child support payments. This exception only applies if the parent is actively seeking employment and can provide evidence of their job search efforts. The court may also require the parent to attend job training programs or workshops to improve their chances of finding employment. It is important for the non-custodial parent to keep the custodial parent informed about their job search efforts and provide proof of their unemployment status. Failure to do so may result in legal consequences.
4.Parental AlienationIn rare cases, a non-custodial parent may be exempt from paying child support if they can prove that the custodial parent has alienated them from their child.
Parental alienation occurs when one parent intentionally turns the child against the other parent, causing a breakdown in their relationship. In such cases, the non-custodial parent may file a motion to modify or terminate child support payments. The court will consider the evidence presented and make a decision based on the best interests of the child.
5.Shared CustodyIn Atlanta, GA, child support is calculated based on the income of both parents and the amount of time each parent spends with the child. If both parents have equal or nearly equal custody of the child, they may be exempt from paying child support. This exception only applies if both parents have similar incomes and can provide for the child's needs while the child is in their care. The court will also consider other factors such as the cost of childcare and medical expenses when determining if this exception applies.
ConclusionChild support is a crucial aspect of divorce proceedings in Atlanta, GA.
However, there are certain exceptions to paying child support that may apply in specific situations. These exceptions are not common and are usually granted by the court after careful consideration of all the relevant factors. If you are facing issues with child support in Atlanta, GA, it is important to seek legal advice from an experienced family law attorney. They can help you understand your rights and obligations and guide you through the legal process.