Suwanee Child Support Enforcement Lawyer

Georgia law requires both parents to contribute to a child’s well-being. When you are the primary custodial parent after a divorce, your ex may be paying child support. If a non-custodial parent fails to honor this obligation, the family court will compel it.

It may seem beyond comprehension when your co-parent parent refuses to provide for a child when they are able and mandated by Georgia courts. Do not let your frustration or worry stop you from holding them responsible. You are not being mean or spiteful by insisting your children have what they need. Contact a Suwanee child support enforcement lawyer from our firm to learn what we can do to help you.

Contempt of a Court Order for Child Support

When your family law judge grants your divorce, child support is calculated according to both spouses’ financial picture, lifestyle, custody arrangement, and the children’s needs. Georgia courts could consider modifying the support order if the non-custodial parent loses a job or suffers a catastrophic illness. You may want to file a motion for contempt if there is no good reason. The process includes:

  • Rereading your divorce decree and paying attention to any child support information to ensure a correct understanding of your and your co-parent’s obligations;
  • Documenting and compiling your ex’s intentional arrearages in detail when there is an ability to pay support;
  • Asking your attorney to draft a demand letter to let your ex know you will file a contempt motion if arrearages are not paid;
  • If there is still no compliance, your attorney can file a motion for contempt in Gwinnett County Superior Court in Lawrenceville;
  • After the family court issues a hearing date, you can officially serve notice to your ex, who must attend and answer the contempt charges.

At the hearing, you will show evidence that your co-parent violated the support order, and your ex will have to explain why. If there is no good excuse, the judge has several tools to compel compliance. Your Suwanee child support enforcement attorney can handle all aspects of the legal procedure and advise you of your options for your unique circumstance.

Losing a License Due to Failure to Pay Child Support

Under the Official Code of Georgia Annotated § 19-6-28.1, parents violating a child support order for more than 60 days can have their driver’s licenses suspended, or the family court can order that licenses not be renewed. Judges usually order suspensions at contempt hearings to prod respondents into paying instead of promising to pay. Professional licenses and those needed to hunt and fish can also be suspended. To get the license back, a respondent has to prove child support is current.

Income Withholding Order

The judge can also issue an Income Withholding Order, sometimes known as an Income Deduction Order, against the respondent. This tactic informs the non-paying parent’s employer that an order for child support exists and the terms of the order.

The employer is instructed to withhold the monthly amount from the employee’s paycheck and forward it to the state for processing. The process is efficient because all Withholding Orders must be submitted on the federally approved OMB 0970-0154 form. The Georgia Department of Human Services, Division of Child Support Services oversees the process and forwards the money to the custodial parent. The department keeps detailed records so both parents cannot mistake whether child support is paid.

Income Withholding Orders are required by law when the children have received benefits from Georgia’s Title IV-D, in which the federal government reimburses Georgia $2 for every $3 it spends on programs providing child support services. Consult a Suwanee attorney for help with all aspects of child support enforcement.

A Suwanee Child Support Enforcement Attorney Advocates for Children

Georgia’s public policy includes enforcing laws that require both parents to financially support their children after a divorce, partner break-up, or an unexpected pregnancy. If you are a custodial parent, you know how important having enough money is for a child’s well-being.

Your co-parent may have a reason for not paying the child support the judge ordered, but short of emergent circumstances, it may not be good enough for the family court. We can help you hold your ex responsible and get the money you and your children need. Let a Suwanee child support enforcement lawyer advocate on your behalf. Call today to learn more.

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