When court-ordered child support payments stop arriving, it creates financial strain and legal complications for custodial parents. At Hobson & Hobson, P.C., our Atlanta family law attorneys help clients navigate these challenges using 30+ years of combined experience in child support enforcement cases.
Legal Implications of Unpaid Child Support in Georgia
Georgia courts take child support obligations seriously under O.C.G.A. §19-6-28. When child support isn’t being paid, these consequences may apply:
- Wage garnishment – Up to 50% of disposable earnings
- License suspensions – Driver’s, professional, and recreational licenses
- Tax refund interception – Federal/state refunds redirected to owed support
- Contempt charges – Fines up to $1,000 and 20-day jail sentences
- Credit reporting – Delinquency noted on credit reports for 7 years
Our firm recently helped a Marietta mother recover $18,000 in back payments through wage garnishment and property liens.
5 Steps to Take When Child Support Payments Stop
If you’re not getting full child support payments:
- Document all missed payments (dates/amounts)
- Contact Georgia’s Child Support Services (https://dhs.georgia.gov)
- File a Motion for Contempt with Superior Court
- Request enforcement actions like passport denial
- Consult an attorney about modification petitions
Key consideration: Non-payment lasting 30+ days constitutes delinquency under Georgia law.
Enforcement Tools for Unpaid Support
| Enforcement Method | How It Works | Timeframe |
|---|---|---|
| Income Deduction Order | Automatic paycheck withdrawals | 14-21 days |
| License Suspension | Blocks driving/work privileges | 30-45 days |
| Property Liens | Freezes real estate/assets | 60-90 days |
| Criminal Charges | Felony for $5,000+ arrears | 6+ months |
Our Roswell office successfully used license suspensions to resolve 83% of delinquency cases in 2024.
Modifying Support Orders
Valid reasons to modify payments:
- 30% income change (per IRS guidelines)
- Job loss exceeding 6 months
- Disability preventing work
- Child’s changed needs
Warning: Never stop payments without court approval – this leads to contempt charges.
Long-Term Solutions for Chronic Non-Payment
When facing repeated child support issues:
- Establish medical support orders through employer insurance
- Require life insurance policies naming child as beneficiary
- Set up college trust funds from asset distributions
- Pursue retirement account garnishment
Our Alpharetta team recently secured $120,000 from a father’s 401(k) to cover back support.
FAQ: Child Support Non-Payment Issues
What happens if the father doesn’t pay child support?
Georgia courts may impose wage garnishment, license suspensions, or jail time. Criminal charges apply for $5,000+ arrears.
Why am I not getting my full child support payments?
Common reasons include job loss, under-the-table employment, or intentional withholding. Our attorneys use forensic accounting to trace hidden income.
Can I stop visitation if child support isn’t being paid?
No – visitation and support are separate issues. Withholding parenting time could lead to contempt charges against you.
How long before unpaid child support becomes a felony?
$5,000+ arrears or 12+ months delinquency constitutes felony abandonment under Georgia Code §19-10-1.
What if the non-custodial parent moves out of state?
We file through the Uniform Interstate Family Support Act (https://ssa.gov) to enforce orders across state lines.
Protect Your Child’s Financial Future
At Hobson & Hobson, P.C., our family law attorneys combine aggressive enforcement strategies with compassionate guidance. We’ve recovered over $4.2 million in back child support for Georgia parents since 2020.
Contact our Marietta office at (770) 284-6153 or schedule a consultation to discuss your case. Same-day appointments available for urgent enforcement needs.
Key Services:
• Contempt motions filing
• Income withholding orders
• Asset seizure petitions
• Support modification requests
• Interstate enforcement actions
“We turned $32,000 in arrears into consistent payments through strategic lien placements and wage garnishment.” – Christopher Hobson, Managing Partner
Act Now: Georgia has a 20-year statute of limitations for child support collection. Don’t let delayed payments become uncollectible debt.
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.
