Can a Parent Be Ordered to Pay Child Support for an Unborn Child?
Yes,
under the current laws in Georgia, a biological father may be ordered to pay
support for an unborn child. However, the child support obligation imposed on the
father by the court for an unborn child may be different than that for a child
who has been born.
What is Child Support Under Georgia Law?
Child support is
a legal term that generally applies to a child who has been born, and child
support and its calculation are thoroughly explained in relevant statutory laws
in Georgia, including O.C.G.A. § 19-6-15 ("Georgia Child Support Guidelines"). Both
parents are legally required to financially support their children until their
children reach the age of eighteen, die, marry or become emancipated (or until
a date set by a court order). In fact, a parent's failure to financially
support his or her biological child, whether the child has been legitimated or
not, may be a criminal offense. Similarly, a husband's failure to financially
support his pregnant wife may be a criminal offense.
Is an Unborn Child Included in Georgia's Child Support Guidelines?
Some portions of
the Georgia's Child Support Guidelines, but not its entirety, may apply to an
unborn child. According to the Georgia law which went into effect on January 1,
2020, the Georgia Child Support Guidelines was amended to include "any unborn
child with a detectable human heartbeat" within the definition of "child."
However, the amendment makes it clear that the Georgia's Child Support
Guidelines shall apply in full only after the child's birth.
This fairly
recent amendment to the Georgia's Child Support Guidelines is in line with the
recent rulings regarding abortion in the U.S. Supreme Court (Dobbs v.
Jackson Women's Health Organization) and the 11th Circuit Court
of Appeals (Sistersong v. Kemp). Further, there have been bicameral bills
introduced and reintroduced by U.S. Senator Kevin Cramer and U.S.
Representative Claudia Tenney to amend the Social Security Act to have the
states establish and enforce child support obligations on the biological father
of an unborn child, with the child support payments starting as early as the
conception of the unborn child.
Further, per
Georgia Department of Revenue's Guidance related to House Bill 481 (Living
Infants and Fairness Equality ("Life") Act), a taxpayer in Georgia with an
unborn child or children with a detectable heartbeat in the tax year 2022 was
allowed to claim dependent exemptions on the taxpayer's individual income tax
returns.
How Much is Child Support for an Unborn Child in Georgia?
Generally,
a court order regarding child support for a child after birth may look
something like, "Mother (or Father) shall pay child support in the amount of
$800.00 per month until the child turns 18 years old, dies, marries, or becomes
emancipated." However, for an unborn child with a detectable human heartbeat,
such language would not be allowed. That is, child support for an unborn child
is limited to the actual, direct medical and pregnancy related expenses of the
mother of the unborn child. See O.C.G.A. § 19-6-15 (a.1)(2) ("[T]he
maximum amount of support which the court may impose on the father of an unborn
child … shall be the amount of direct medical and pregnancy related expenses of
the mother of the unborn child….."). This is in line with Georgia case law,
such as Smith v. Carter, 305 Ga.App. 479 (2010) (holding that the trial
court was authorized to award back support to the mother of a child in the form
of reimbursement from the child's father of actual expenses incurred by the
mother for raising their child for 12 years after the parents' separation).
Written by: Daesik Shin