Meriwether & Tharp, LLC
6788799000 Meriwether & Tharp, LLC 1545 Peachtree Street NE, Suite 300 Varied
If you have divorce questions

Transition from 'Income Deduction' to 'Income Withholding' in Georgia Child Support Laws

  • News
  • Child Support

Publish Date: 08/12/2024

Understanding Income Deduction: The Old System

On July 1, 2024, some changes went into effect regarding what was previously known as "income deduction." See generally Senate Bill 520. Generally, the purpose of "income deduction" was to deduct certain amount from the earnings of the person who was ordered to pay child support (i.e., the obligor) and transfer the child support to the person receiving the child support (i.e., the obligee) through the Child Support Services of the Georgia Department of Human Services.

Transition to Income Withholding: Aligning with Federal Law

The new law is mostly about changing and clarifying the prior statutory language regarding "income deduction" to conform more with the federal law. More specifically, "income deduction" is now referred to as "income withholding."

Key Elements of Income Withholding: What Hasn't Changed

The substance of the laws regarding income withholding remains mostly the same as before. That is, unless certain exceptions apply, immediate income withholding is the default in collection of child support. The term income here is very broad and could mean anything from salary to money from workers' compensation.

Just as it was prior to July 1, 2024, the exceptions to income withholding are where either the court issuing the child support order makes a finding that there is good cause not to require such immediate withholding or both parties consent to a different arrangement for collection of child support. The Child Support Addendum issued by the court would typically contain provisions describing the arrangements for collection of child support.

Further, the forms to be used to effectuate income withholding, including the mandatory notices regarding income withholding, remain substantively the same as before.

Should you have questions concerning the receipt of court-ordered child support, contact us for a free 30-minute telephone consultation with an experienced family law attorney.

Written by: Daesik Shin

Categories:

Child Support
Back to Blog