Even if the non-custodial parent lives outside the state of Georgia, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Georgia child support law to collect regular and past-due payments.
The Georgia Department of Human Resources, Office of Child Support Services (OCSS) is the state-run child support enforcement office for Georgia. The services of the Office of Child Support Services are required by federal law and funded by the federal government and the State of Georgia.
| GEORGIA OFFICE OF CHILD SUPPORT SERVICES CASELOAD STATISTICS1 | |
|---|---|
| Full Time Equiv. Staff | 1,383 |
| Total Caseload | 482,406 |
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
All Georgia child support orders accrue interest at the rate of 7 percent per year beginning 30 days from the day the payment is due. Interest prior to January 1, 2007 accrues at 12 percent per year beginning 30 days from the day the payment is due.
Payment considered delinquent if not received within 31 days following the payment due date.
Georgia does not access interest on retroactive support. However, adjudicated arrears accrue simple interest at 7 percent per year.
According to Georgia law, (O.C.G.A. § 9-12-60(d)), for orders issued on or after July 1, 1997 there is no statute of limitations on enforcement.
Paternity must be established by the child's 18th birthday.
Age of majority in Georgia is 18. Support orders entered after 7/1/92 may provide for the extension of child support to age 20, if the child is still in high school.
Georgia child support is automatically terminated at 18 years of age unless otherwise specified in the court order. In cases of mental or physical disability, the court may extend support beyond the age of majority.
New actions filed for Establishment or Modification on or after January 1, 2007 are governed by new child support guidelines. Child Support Orders are not automatically reviewed for modification with the implementation of the new child support guidelines law. Information regarding Georgia's Child Support Guidelines can be found on the Child Support Guidelines Commission web page at:
http://www.georgiacourts.org/csc.
Child Support Services also has an Online Calculator which uses these new guidelines.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
It took me 10 years to catch up with my husband to establish a court order for child support. Years had gone by and his debt was in the thousands. I got Human Services involved and they told me that because I was now in a different state I had to close my case and had to open my case there. Weeks after I sent the paperwork to the Child Support Enforcement office, I received a letter saying I needed to attach notarized proof of previous payements made etc, etc, etc. I was tired of going through the process of trying to get child support owed.
After many years of searching through various agencies for my ex-husband, a dear friend told me about the Support Collectors web site. I logged on and requested an application, thinking to myself it won't make a difference. We hadn't found him in 19 years, they won't be able to find him either. To my surprise they did and very quickly. Support Collectors handled everything very professionally and I received my settlement of $60,000 within a few months!
Thank you so much for your help in getting the child support payments my daughter deserves! I only wish I would not have waited so long to contact you for assistance. You succeeded when everyone else had failed.