Penalties for Failure to Pay Child Support
If a parent is
ordered to pay child support, but fails to do so, the parent receiving the
child support payments may file a motion for enforcement, and a judge could
hold the parent in contempt. If the Court finds a
parent in contempt, the punishment can consist of fines or even jail time. A
parent who is not receiving the child support payments he or she should be
receiving can also seek enforcement through the Division of Child Support
Services (DCSS) of the Georgia Department of Human Services.
The DCSS may withhold
income (referred to as an Income Deduction Order (IDO)),
unemployment benefits, or workers compensation by ordering the employer or
paying agency to withhold the support amount and deposit it directly into the
recipient's bank account. The DCSS can also file liens for seizure of property
such as a house, car, bank account, or lottery winnings, or report back child
support amounts over $1,000 to credit reporting agencies.
Failure to pay child
support could also result in license restrictions, as licensing agencies in
charge of granting driving, occupational, and hunting or fishing licenses are
required to check an applicant's child support payment status and may refuse to
issue or renew a license.
Lastly, the DCSS may
report a parent who owes over $2,500 to the U.S. State Department who may
refuse to issue or renew a passport. Georgia case law also reflects the
possibility of criminal charges such as criminal non-support or felony
abandonment if a parent fails to pay child support.
Age Child Support Ends
A judge will order child support in any custody action with minor children, and the children are eligible
to receive financial support from their parents until at least the age of 18 (unless the child dies, is emancipated, married,
or upon graduation from high school, up to the age of 20). A potential exception to paying child support occurs
if there is a 'split custody' or a joint physical custody arrangement where both parties have a similar income, or if there is a
significant parenting time deviation or other deviation—some factors may
significantly decrease a party's child support obligation.
Failure to pay court ordered child support could result in any number of the consequences listed above, which could seriously impact one's life and could cause a major legal issue. If you are struggling to make payments, it is important to let DCSS or the court know, so that you may avoid sanctions and harsh penalties. Contact us today for a free consultation with one of our skilled attorneys.
Written by: Savannah Lane Orange