Non-Payment of Child Support Can Be Costly in Georgia
What the case of a childless Georgia man -- who spent 13 months in prison for non-payment of child support -- can teach us about Georgia law on child support payment.

August 22, 2009 /24-7PressRelease/ -- Non-Payment of Child Support Can Be Costly in Georgia

Article provided by Daniel W. Mitnick & Associates
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A Georgia man who spent 13 months in jail for not paying child support was recently released after DNA tests proved he isn't the father of the child in question.

In 2000, Frank Hatley, 50, owed $16,000 in child payments. When he used a DNA test to prove to the court that he wasn't the father of the child, he was relieved of future child support payments. Interestingly, the court refused to relieve him of the child support debt he owed.

Over the years, Hatley paid $6,000 of the debt down, but when he became homeless last year, he was jailed for non-payment.

According to the attorney who represented Hatley, the legal argument for holding her client liable for the debt was that he had signed a consent agreement with the Office of Child Support Services when he believed the child was his son.

While Hatley's situation was extraordinary, non-payment of child support is a commonplace occurrence; a too-common event the state of Georgia has taken a number of steps to help prevent.

After a child support order is in place, in most cases state law requires immediate income withholding. The support amount is deducted from the noncustodial parent's paycheck. If a parent fails to obey a support order, a number of steps can be taken, including the following:
-Seizing federal and state income tax refunds.
-Reporting parents owing $7,500 or more in child support payments to credit bureaus.
-Suspension or revocation of driver's license or professional or occupational licenses.
-Seizing lottery winnings of more than $5,000.
-Filing contempt of court actions; if found guilty of contempt, the non-custodial parent can face jail.
-Filing liens to seize bank accounts, worker's compensation settlements and property.

The state also has guidelines in place to enable courts to modify support orders if the financial situation of the noncustodial parent changes dramatically. If the parent suffers an involuntary loss of income, such as unemployment, they can file a petition for modification which can result in some child support being "forgiven." The law is clear, however, that termination of employment won't be considered involuntary if the parent left the job on their own without good cause.

When non-custodial parents do experience changes in their financial situation that affect their ability to pay child support, they should seek modification of their obligation immediately. While courts can modify the obligation, they cannot retroactively forgive any arrearage that occurs before the filing and service date of a Complaint for Modification.

For more information about the law on child support payments in Georgia, contact an experienced family law attorney.

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