What Happens if the Non-Custodial Parent Refuses to Pay Child Support in Atlanta, GA?

Child support is a crucial aspect of divorce and separation cases involving children. It is a legal obligation for both parents to financially support their children, regardless of their relationship status. In Atlanta, GA, child support is determined by the Georgia Child Support Guidelines, which take into account the income of both parents and the needs of the child.

What is Child Support?

Child support is a court-ordered payment made by the non-custodial parent to the custodial parent for the financial support of their child. It is meant to cover the child's basic needs, such as food, shelter, clothing, and education.

The amount of child support is determined based on the income of both parents and the number of children they have. In Atlanta, GA, child support payments are typically made until the child turns 18 or graduates from high school, whichever comes later. However, if the child has special needs or is still in school after turning 18, child support may continue until they turn 20.

What Happens if the Non-Custodial Parent Refuses to Pay Child Support?

Unfortunately, there are cases where the non-custodial parent refuses to pay child support. This can be due to various reasons such as financial difficulties or resentment towards the custodial parent. Whatever the reason may be, it is important to understand that refusing to pay child support is a violation of a court order and can have serious consequences. If a non-custodial parent in Atlanta, GA refuses to pay child support, the custodial parent can file a motion for contempt with the court.

This means that they are asking the court to enforce the child support order and hold the non-custodial parent accountable for not paying. The court may then issue a warrant for the non-custodial parent's arrest or impose fines and penalties. In some cases, the court may also order the non-custodial parent to pay the missed child support payments in addition to interest. They may also be required to pay the custodial parent's legal fees for filing the motion for contempt.

What if the Non-Custodial Parent Still Refuses to Pay?

If the non-custodial parent continues to refuse to pay child support even after a motion for contempt has been filed, the custodial parent can take further legal action. They can request that the court garnish the non-custodial parent's wages or intercept their tax refunds to cover the missed child support payments. In extreme cases, the court may also order the non-custodial parent's driver's license or professional license to be suspended until they catch up on their child support payments.

This can greatly impact their ability to work and earn an income, making it difficult for them to continue avoiding their financial responsibility towards their child.

What if the Non-Custodial Parent Claims They Cannot Afford to Pay?

Sometimes, a non-custodial parent may claim that they cannot afford to pay child support due to financial difficulties. In such cases, they can request a modification of the child support order. This means that they are asking the court to review their financial situation and adjust the child support amount accordingly. It is important to note that a modification of child support is not automatic and must be approved by the court. The non-custodial parent will need to provide evidence of their financial situation, such as pay stubs, tax returns, and bank statements.

The court will then determine if a modification is necessary and if so, how much the child support amount should be adjusted.

What Happens if the Non-Custodial Parent Still Refuses to Pay After a Modification?

If the non-custodial parent still refuses to pay child support even after a modification has been granted, the custodial parent can once again file a motion for contempt. The court may then take into account the non-custodial parent's financial situation and determine if they are willfully refusing to pay or if they truly cannot afford to. If it is found that the non-custodial parent is willfully refusing to pay, they may face more severe consequences, such as jail time. However, if it is determined that they truly cannot afford to pay, the court may work with them to come up with a payment plan that is manageable for their financial situation.

In Conclusion

Child support is a legal obligation that both parents must fulfill for the well-being of their child. In Atlanta, GA, there are strict laws in place to ensure that child support is paid in a timely manner.

If a non-custodial parent refuses to pay child support, they can face serious consequences such as fines, penalties, and even jail time. It is important for both parents to understand their responsibilities and work together for the best interest of their child.