Child support is typically associated with divorce or separation, but parents often wonder: Can you file for child support while married? The short answer is yes – in most U.S. states, including Georgia, parents can seek child support without divorcing. This article explains the legal framework, process, and practical considerations for securing financial support for your child during marriage.
Legal Overview: Child Support During Marriage
In Georgia and many other states, child support obligations exist independently of marital status. Courts prioritize the child’s best interests, meaning either parent can petition for support if:
- The parents live separately
- One parent isn’t contributing financially to the child’s needs
- Paternity has been legally established
Georgia law allows married parents to file for child support through a “Legitimation Action” if the father isn’t on the birth certificate, or a “Separate Maintenance Action” if the couple lives apart but remains legally married. Unlike divorce, these actions focus solely on child-related issues rather than dividing marital assets.
How to File for Child Support While Married
1. Establish Paternity (If Needed)
For unmarried fathers or cases where paternity is disputed, Georgia requires:
- A voluntary acknowledgment of paternity signed by both parents
- DNA testing ordered by the court if paternity is contested
Married fathers are presumed to be the legal parent in Georgia unless challenged.
2. Calculate Child Support Obligations
Georgia uses an income shares model to determine support amounts, considering:
- Both parents’ gross incomes
- Childcare costs
- Health insurance expenses
- Educational needs
Use the Georgia Child Support Calculator for an estimate.
3. File Legal Paperwork
Submit these documents to your local family court:
- Petition for Child Support (Form 5A)
- Financial affidavit
- Parenting plan proposal
Our team at Hobson & Hobson, P.C. helps clients navigate this process efficiently, whether through mediation or litigation.
Key Considerations for Married Parents
| Factor | Impact on Child Support |
|---|---|
| Shared Residence | Support may still be ordered if income disparity exists |
| High-Income Parent | Courts may order higher support for maintaining child’s standard of living |
| Temporary Separation | Support orders can be modified if parents reconcile |
Important: Child support orders obtained during marriage don’t prevent later divorce proceedings. Many clients use our divorce mediation services to address broader financial issues.
Costs to File for Child Support
- Court Fees: $50-$300 (varies by county)
- DNA Testing: $300-$800 if needed
- Legal Representation: Typically $200-$400/hour
At Hobson & Hobson, P.C., we offer flexible payment plans and prioritize cost-effective resolutions through mediation when possible.
How to Establish Paternity and Support
For parents asking how to put a father on child support, Georgia’s process involves:
- Filing a paternity action in Superior Court
- Serving legal notice to the alleged father
- Attending a genetic testing appointment if requested
- Attending a court hearing to establish:
- Legal parentage
- Custody arrangement
- Support amount
Our attorneys specialize in complex paternity cases, including those involving:
- Uncooperative parents
- Interstate jurisdiction issues
- High-asset households
Frequently Asked Questions
Can I file for child support before divorce?
Yes. Georgia allows temporary support orders during legal separation or pending divorce cases.
How long does a married father pay child support?
Until the child turns 18 (or 20 if still in high school), unless emancipated earlier.
Can I modify a child support order if we reconcile?
Yes. File a Petition for Modification showing changed circumstances.
What if the father lives in another state?
The Uniform Interstate Family Support Act allows enforcement across state lines.
Do we need separate lawyers if married?
While not required, having independent counsel ensures both parents’ rights are protected.
Protect Your Child’s Future Today
Whether you’re exploring how to put your baby daddy on child support or need help modifying an existing order, Hobson & Hobson, P.C. brings 30+ years of family law experience to your case. With five metro Atlanta offices and extended appointment hours, we make legal support accessible during life’s most challenging moments.
Contact us today to schedule a consultation with our child support attorneys: đź“ž (770) 284-6153 đź“Ť Office Locations
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
