Family Law Firm of the Year (USA) - awarded by Lawyer Monthly

Thanks for printing!  Don't forget to come back to Meriwether & Tharp, LLC for fresh articles!

If you are not receiving agreed to or court ordered child support, you have several options that will help you collect. If child support isn't being paid, there could be penalties varying in degree for the party that fails to pay. Similarly, the party that isn't paying, may have a few defenses for their non-payment. However, it is important to note that both parties may modify the amount of child support upward or downward after settlement or court action under certain circumstances. 

Penalties for Non-Payment of Support

  1. Contempt
  2. Garnishment
  3. Jail
  4. License Revocation
  • Contempt

    Contempt for non payment of child support may be defined as the willful refusal of a party to comply with court ordered child support. Only the parent awarded child support...

    Contempt
  • Garnishment

    Garnishments are court orders that direct money or property of a party, usually the earnings or wages of that party paid by an employer, to be seized to satisfy a debt owed....

    Garnishment
  • Jail

    In Georgia, the punishment a court may impose on an individual found in contempt may take several forms. One such punishment is imprisonment. Thus, a parent who is found to...

    Jail
  • License Revocation

    A non-custodial parent who is in non-compliance with an order for child support and who is at least 60 days in arrears, may have his or her driver’s, professional or business...

    License Revocation
this is a test

Modifications to Child Support

Once a Final Order and Decree of divorce has been entered in a divorce case, child support may be changed or modified by the court upon the petition of one or both parties. Most often, after the entry of a Final Order and Decree of Divorce, one or both parties seek to modify the term of child support due to either a change of custody or due to a change in the income or financial circumstances of one or both parents. 

  • Change in Circumstances

    In order for a parent to seek the modification of a prior child support award, he or she must allege and show that there has been a change in the income or financial status of either former spouse or in the needs of the minor child or children.

  • Modification Procedure

    Similar to divorce actions, legal actions for the modification of child support are law suits that are generally governed by the provisions of Georgia’s Civil Practice Act. An action for the modification of child support must be initiated and tried according to the same rules of procedure that apply to divorce cases.

  • Modification Petition

    To begin a modification action, a Petition for Modification of Child Support must be filed. A Petition for Modification of Child Support must generally show the following in order to assert a valid claim . . . 

  • Change of Custody or Visitation

    Although child support is generally modified due to a change in the income or financial status of either of the parents, or due to a change in the needs of the minor child or children involved, child support may also be modified ancillary to a change of custody. 

  • Modifying Out of State

    Many parents face the issue of attempting to modify child support orders entered in other states. Modification of child support orders entered in other states are governed by a different section of Georgia law than actions to modify child support orders entered in Georgia. According to the relevant sections of Georgia law . . .

Explore

Our Blog

Celebrity Family Law – Morena Baccarin

All parents going through a divorce have to work out the issues of child custody and child support. Sometimes...

Celebrity Family Law – Bachelor in Paradise Star Amanda Stanton

Sometimes the reasoning for a child support modification is so obvious there is no reason for a fight. Such is...

Parenting Plans and Technology

As technology advances and changes, so do the issues that you and your ex may want to discuss during your...

Contact M&T Today

We can help with all your questions...