Georgia Child Support Enforcement Resource Center

Georgia Child Support Enforcement Resource Center

• • Georgia Child Support Enforcement Measures
  • Who Can Enforce Court-Ordered Child Support in Georgia
  • Georgia Child Support Services Caseload Statistics
  • Interest on Missed Georgia Child Support Payments
  • Statute of Limitations on Back Child Support
  • Statute of Limitations on Determining Paternity
  • Age of Emancipation / Age of Majority
  • How Are Child Support Payment Amounts Determined in Georgia?
  • Custody and Visitation Issues

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.

Georgia Child Support Enforcement Measures

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.

• Withholding child support from paychecks, unemployment or worker’s compensation benefits.
• Intercepts of federal and/or state income tax refunds.
• Reporting to credit bureaus.
• Suspension or revocation of driver’s, professional or occupational licenses.
• Intercepting lottery winnings of more than $5,000.
• Filing contempt of court actions, which may result in a jail sentence.
• Filing liens to seize matched bank accounts, lump sum worker’s compensation settlements and real or personal property.
• Denial, suspension or revocation of U.S. passport.
• Possible placement on Georgia’s Most Wanted Child Support Evaders List

Who Can Enforce Court-Ordered Child Support in Georgia?

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}

Interest on Missed Georgia Child Support Payments

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.

Georgia’s Statute of Limitations on Back Child Support Payments (Arrears)

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.

Georgia’s Statute of Limitations on Determining Paternity

Paternity must be established by the child’s 18th birthday.

Age of Emancipation / Age of Majority in Georgia

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.

How Are Child Support Payment Amounts Determined in Georgia?

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 website.

Child Support Services also has an Online Calculator which uses these new guidelines.

Custody and Visitation Issues

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.