How to Respond to Child Support Summons in Georgia

When you receive a child support summons in Georgia, your next steps are critical for protecting your rights, your finances, and your relationship with your child. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience and advanced legal technology to guide clients through every stage of the child support process. Here’s what you need to know about how to respond to a child support summons, recent legal updates, and how our client-centric approach can help you achieve the best possible outcome.

What Is a Child Support Summons?

A child support summons is a formal legal notice that you have been named in a petition for child support. This document requires your response — typically within 30 days in Georgia. Failing to respond can result in a default judgment, meaning the court may order child support without your input or consideration of your financial situation.

The Georgia Division of Child Support Services (DCSS) oversees many of these cases, and recent legislative changes have significantly impacted how support is calculated and enforced (Georgia DCSS).

Key Changes to Georgia Child Support Laws (2023-2024)

Georgia’s child support guidelines have recently undergone substantial updates, most notably through the passage of SB-454 in March 2024. These changes are designed to make child support calculations fairer and more reflective of real-world parenting arrangements (Georgia General Assembly).

Highlights of the 2024-2026 Updates:

  • Increased Presumptive Support Amounts: As of July 2024, the basic child support amounts have increased for nearly all income levels.
  • Mandatory Parenting Time Adjustment: Starting July 2026, the court must consider actual parenting time when calculating support, rather than doing so at its discretion.
  • Low-Income Adjustments: A graduated adjustment for low-income parents will become mandatory.
  • Cost-of-Living Considerations: Updated guidelines now better account for changes in living expenses.

These changes mean that both new and modified child support orders will be calculated differently, making it essential to work with attorneys who are up-to-date on the latest laws.

How to Respond to a Child Support Summons

Step 1: Review the Summons and Petition

Carefully read the summons and the attached petition for child support. Note the deadline for your response — usually 30 days from the date you are served.

Step 2: Gather Essential Documentation

You will need:

  • Financial Records: Recent pay stubs, tax returns, proof of other income, and evidence of expenses.
  • Parenting Plan: If custody or visitation is at issue, a proposed parenting plan is required.
  • Child Support Worksheet: Georgia law requires this worksheet, which calculates support based on both parents’ incomes and other factors (Georgia Child Support Calculator).

Step 3: Draft and File Your Answer

Your written response (the “Answer”) should address each point in the petition. You may:

  • Admit or deny each allegation.
  • Assert any defenses or reasons why the requested support amount is inappropriate.
  • Request deviations from the guideline amount if special circumstances exist (e.g., extraordinary medical expenses, special educational needs, or significant parenting time).

Tip: Your Answer must be notarized and include a Certificate of Service, showing how you delivered a copy to the petitioner.

Step 4: File With the Court and Serve the Petitioner

Submit your Answer and supporting documents to the court clerk before the deadline. Ensure the petitioner (or their attorney) receives a copy as required by law.

Step 5: Prepare for Next Steps

After your response is filed:

  • Discovery: Both parties exchange financial information.
  • Negotiation/Mediation: Many cases settle through negotiation or mediation, which can save time and reduce conflict.
  • Hearing: If no agreement is reached, the court will schedule a hearing to decide the matter.

How to Contest Child Support

If you believe the requested support amount is incorrect, you have the right to contest child support. This may involve:

  • Challenging the income figures used in the calculation.
  • Arguing for or against certain expenses being included.
  • Requesting deviations for unique circumstances.
  • Presenting evidence of your actual parenting time.

Professional advice: Always provide complete and accurate financial information. Incomplete or misleading disclosures can result in penalties or unfavorable judgments.

What Happens After Child Support Papers Are Served?

After you are served with child support papers:

  1. Mark the Response Deadline: Missing the 30-day window can result in a default judgment.
  2. Consult an Attorney: Legal guidance is crucial, especially with recent law changes.
  3. Gather Documentation: Collect all relevant financial and parenting records.
  4. File Your Answer: Respond formally and on time.
  5. Prepare for Mediation or Court: Be ready to negotiate or present your case to a judge.

Common Mistakes to Avoid

  • Missing Deadlines: This is the most common and costly error.
  • Incomplete Financial Disclosure: Courts require full transparency.
  • Emotional Responses: Focus on facts and legal arguments, not emotions.
  • Ignoring the Child Support Worksheet: This document is central to the court’s decision.
  • Failing to Request Deviations: If you have a valid reason, ask for adjustments to the guideline amount.

How Attorneys Can Help

At Hobson & Hobson, we combine litigation expertise with a client-first approach to ensure your interests are protected. Our attorneys:

  • Ensure all procedural requirements are met.
  • Accurately calculate support using the latest guidelines.
  • Negotiate favorable terms or aggressively litigate when necessary.
  • Advise on recent legal changes and how they affect your case.
  • Protect your parental rights and financial future.

We utilize advanced technology to streamline document gathering, communication, and case management, making the process as efficient and stress-free as possible.

Frequently Asked Questions

How long do I have to respond to a child support summons in Georgia?

You typically have 30 days from the date you are served to file your Answer with the court.

Can I contest child support if I believe the amount is unfair?

Yes. You can contest the calculation by providing accurate financial information and requesting deviations for special circumstances.

What happens if I ignore the child support summons?

Ignoring the summons can result in a default judgment, where the court may order support without your input.

What documents do I need to respond?

You’ll need financial records, a proposed parenting plan (if custody is at issue), a completed Child Support Worksheet, and a notarized Answer.

How have Georgia’s child support laws changed recently?

In 2024, Georgia updated its guidelines to increase presumptive support amounts and make parenting time adjustments mandatory by 2026.

Additional Resources

If you’ve been served with a child support summons, don’t wait. Contact us at Hobson & Hobson, P.C. for an initial consultation. Our experienced family law attorneys are ready to help you navigate the process, protect your rights, and achieve the best possible outcome for you and your family.