For a child to have the financial support they need after a divorce or separation, both parents must contribute under the terms of the court order or agreement. If your co-parent refuses to follow the child support agreement, Georgia law empowers you to stand up for your rights and hold them accountable. You can represent yourself in court but consider the benefits of working with a seasoned legal team with valuable experience in this area of law.
We understand the frustrations of not having the financial contributions you expect and the strain it can place on you and your family. Our respected attorneys are skilled negotiators with an impressive grasp of Georgia family law. A Cherokee County child support enforcement lawyer on our team would be happy to serve as your advocate during the legal process.
If a co-parent refuses to follow the payment schedule you agreed on, you may struggle to do things like pay for rent, food, clothes for the children, and other expenses. Additionally, some support orders require both parents to contribute to things like medical care and health insurance. If you are following through on this, but the other parent is not, it can create problems for your kids, especially if medical issues arise.
Under the Official Code of Georgia Annotated § 19-6-28, the court has the authority to enforce child support orders by, for example, punishing those who do not comply with them. If your co-parent is behind on payments or consistently late when sending money, you may benefit from filing an enforcement lawsuit with the court that issued the order. You can initiate this process by filing a special motion and serving it on the other parent (e.g., by mail or through a process server).
In some situations, involving the Blue Ridge Canton Division of Child Support Services at the Georgia Department of Health and Human Services may also be appropriate. They offer several programs to help non-custodial parents become self-sufficient, responsible, skillful, and compliant participants in the child support process. A child support enforcement attorney in Cherokee County can help you understand your legal rights and take appropriate action.
Those who fail to follow through on their court-ordered promises to pay child support may face hefty penalties. These consequences punish the person for their noncompliance and act as a way to coerce them to do what they are supposed to. Under O.C.G.A. § 19-6-28.1, penalties they may face include the following:
Additionally, under O.C.G.A. § 19-6-30, the Georgia family court may require the person’s employer to take out money from (garnish) their wages to pay for child support. The employer may have to garnish the person’s salary until they are caught up on payments.
Going through the enforcement process can feel overwhelming. Many people who are in this situation find that working with a child support enforcement attorney in Cherokee County is beneficial. Family law attorneys can investigate your situation, help you enforce the orders, and try to get you the money you were promised to raise your children.
Co-parenting can be very challenging, especially if one parent is not contributing financially, socially, or physically as they should be. If your co-parent is not complying with the court order, you have legal options. Filing an enforcement action may be the most effective way to seek the money you need, but you do not have to do this alone.
Our compassionate team understands the unique struggles that co-parents face in the aftermath of divorce, separation, or a breakup. We have the time, tools, and resources to help you, as we have done for many others. Contact a Cherokee County child support enforcement lawyer to schedule a consultation.