Buckhead Child Support Enforcement Lawyer

Child support is a legal obligation and is not dependent on the paying parent’s relationship with the receiving parent or the child. Failing to pay child support as ordered can have severe consequences.

If your coparent is not meeting their obligation, contact one of our firm’s Buckhead child support enforcement lawyers for help. We can advise you on the most effective strategy to get the money you are owed. Our experienced child support attorneys can also help you if you are behind on your payments and facing enforcement action.

Child Support Is Independent of Parenting Time Obligations

Sometimes a parent decides not to pay child support because they are unhappy with the frequency or quality of the contact they have with the child. A parent who is not receiving child support as agreed might refuse to make the child available for visits.

Both of these actions are wrong. Children have the right to financial support and meaningful contact with both of their parents. Using child support to impact visitation or vice versa is acting contrary to the best interests of the child.

A Buckhead family law attorney can help a parent understand the two independent obligations of child support and parenting time. They could review your specific situation and craft a remedy that does not involve another violation of a court order.

Do Not Delay Enforcement Action

Resolving child support issues is easiest when parents communicate honestly with each other. When a parent pays child support late or makes only a partial payment without explanation, the receiving parent should contact them immediately to discuss the issue. A parent who knows they cannot make a full support payment on time should be proactive and let the receiving parent know of the problem.

If the issue is temporary, meaning it will only affect one or two payments, a receiving parent might agree to let the paying parent catch up over time. It is best to involve a Buckhead attorney to formalize an enforceable agreement on repaying child support arrears. Do not allow the arrears to accumulate, even if you are managing without the money.

The Georgia Division of Child Support Services can help enforce a child support order. However, when you work through the state agency it can be months before you see results. Taking the issue to court is often the fastest way to take action.

Family Court Judges Have Numerous Enforcement Tools

When a parent is at least 30 days behind on their support payments, the receiving parent can file a motion with a family court in the county where they live. The motion would ask the court to enforce its child support order and find the paying parent in contempt of the court. A Buckhead child support enforcement attorney could help you prepare the petition and file it in family court or respond to a motion filed against you.

If the judge finds a parent has violated their obligation to pay support, they could garnish the paying parent’s wages or withhold the amount in arrears from the paying parent’s tax refund. If the arrears extend past 60 days, the Official Code of Georgia §19-6-28.1 allows the suspension of the delinquent parent’s driver’s license, professional license, business license, and hunting and fishing licenses. The judge also has the power to sentence a parent in arrears to jail.

Sometimes the paying parent can establish a legitimate reason for not keeping up with their support payment. The family court judge might allow a child support modification to reflect the paying parent’s current circumstances. However, the parent would still be required to pay the arrears in full.

Consult a Buckhead Attorney About Child Support Enforcement

Both parents have a legal obligation to provide financial support to their children. The right belongs to the child, and a parent has a responsibility to enforce the obligation when the paying parent falls behind.

If you are not receiving support as agreed or if you are behind on your payments, contact a Buckhead child support enforcement lawyer immediately. Reach out to a member of our intake team today.