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Not Paying Court Ordered Child Support? Your Licenses and Passport Could be at Risk

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Publish Date: 07/20/2014

Failure to pay court ordered child support carries serious consequences in Georgia. In addition to being subject to an action for contempt, a mother or father obligated to pay child support who fails to honor this obligation may also be at risk of losing his or her driver's license, fishing license, hunting license, and professional licenses.

Georgia law regarding the suspension of such licenses states:

"In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. […]"

O.C.G.A. § 19-6-28.1(b).

Not only may an obligated parent's state issued licenses be revoked or suspended for failure to pay court ordered child support, an obligated parent's passport may also be revoked. According 22 CFR Part 51.70 (a)(8), which a Federal regulation regarding the issuance and denial of passport applications, a person who has been certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, is ineligible to receive a U.S. passport.

Because the risks associated with the failure to pay court ordered child support are so great, it is advisable for any non-custodial parent obligated to pay child support who is unable to make timely child support payments to seek a modification of child support in lieu of ignoring their obligation.

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