Key Takeaways
- Statutes in Georgia do not provide for retroactive child support.
- Case law in Georgia sets precedents for paying retroactive support.
- An ex can ask for retroactive support, and the courts can order you to pay for two years before a court order.
Dealing with retroactive child support in Georgia can feel overwhelming, especially if you’re facing back payments or struggling to enforce a fair child support order. The emotional and financial strain of navigating this issue can impact your peace of mind and ability to provide for your child. Without proper legal guidance, you may risk falling further into arrears or missing opportunities for a fair resolution.
At Cordell & Cordell, we can help you understand your rights and navigate the complexities of retroactive child support in Georgia, providing the guidance you need throughout the process.
What is Retroactive Child Support?
Retroactive child support is support that may have accrued before court-ordered child support payments. For example, if your child was born in January 2024, you were not living with your spouse, and the child is yours, some states can order you to pay support from the child’s birth until the current time. Some states, including Georgia, limit how far back you can request retroactive child support.
Does Georgia Allow Retroactive Child Support?
Georgia Statutes do not provide for retroactive child support. However, a court may order back support in certain circumstances. Case law allows courts to order non-custodial parents to pay a portion of the child’s expenses, including any medical expenses during the pregnancy. The court may also order retroactive support if a child support case is delayed or when the legitimation of a child is delayed.
What Happens If a Non-Custodial Parent Fails to Pay Court-Ordered Child Support in Georgia?
If a non-custodial parent fails to pay child support, it accumulates an arrearage. Resulting in:
- Wage garnishment: The court can take money directly from your paycheck or bank account and your federal income tax return.
- Property holds: The court can put a hold on your bank accounts, cars, and other assets. Sometimes, the court can sell your property to pay your back child support.
- Lien your property: The court can place a lien on your property. While you do not instantly feel the ramifications of this, you will only be able to sell your home or transfer property once the lien is satisfied.
- Suspend your license: The court can suspend your driver’s or business license. The court can even suspend hunting and fishing licenses or deny the renewal of any permit.
- Deny a passport: The court can revoke your passport or prevent your application for a new passport from being granted.
- Report you to the credit bureaus: The court can report the missing payments on your credit reports, which causes your credit score to go down. This can affect your ability to procure insurance, credit cards, a rental agreement, car payments, or a mortgage. It can even prevent you from getting a job if a potential employer requires a credit check.
- Jail: The court can find you in contempt and sentence you to jail. If you owe over $10,000 or have not paid support in over two years, you could see up to two years in prison. If you move out of state to avoid payments, the court could charge you with a felony.
What Are the Time Limits for Seeking Retroactive Child Support?
While Georgia Statutes do not provide for retroactive child support, a parent can request it. If the court agrees, it can only require retroactive payments for up to 24 months before filing the request for child support.
How Do Georgia Courts Determine Child Support Amounts?
As of January 1, 2007, Georgia law uses the income shares model to determine the amount of child support each parent contributes. The child support guidelines also provide for insurance, child care, uncovered medical expenses, and the base support required by the statute.
How Can an Attorney Help with Child Support Issues?
Suppose the child’s other parent is asking for retroactive support, whether in a divorce or a paternity action. In that case, you should always enlist the guidance of an experienced divorce attorney, as these types of cases require legal guidance. A divorce lawyer can help by:
- Negotiating agreements to mitigate potential retroactive payments
- Presenting evidence to support or oppose a request for retroactive child support
- Protecting your rights throughout the legal process
Why Work with Cordell & Cordell
Georgia child support laws have little empathy for someone who does not pay child support. The courts are only concerned with the best interests of the children. While you can pay regular child support, adding retroactive or back support can cause financial stress. An experienced Georgia family lawyer can help protect your rights and guide you through the complex process of child support and custody.
Client Experience
“His ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” – Jonathan U.
”First and foremost, Frank was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose the path I took under his guidance, and I was 100% satisfied with the outcome. He was available to address any concerns at any time they arose. There were times of great concern and difficulty along the way, but he always explained and made sense out of them, which was a very valuable thing to me. Aside from my case, his personality was also outstanding, made me feel like a friend, and my comfort level was great. When I say that everyone from the beginning to the end, from my initial reception, all the paralegals that worked on my case(which was also exceptional), right through to Frank delivering the news I had that my case was finally over, was done extremely well by everyone. I would like to thank them all for their dedicated and very professional work.” – James T.
”Victoria is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. I was referred by another client of the firm. He told me that your firm did his case and that he wouldn’t use anyone else. I second that! If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!” – Jeffrey M.
Relevant Resources
- Disparity Between Child Support and Custody Enforcement: The courts go after those who do not pay child support hot and heavy, but for those who have their parental rights violated, the court often falls short.
- Joe Cordell Critiques Child Support System In Huffington Post: The child support system in Georgia leaves much to be desired as it does not consider the economic hardships a divorce causes.
- 4 Flaws With The Child Support System: Learn about the four major flaws with the child support system.
- 5 Tips For Modifying Child Support: Never agree to a child support modification out of court. Learn more about modifying a child support order when your income changes.
- What Does Child Support Cover?: Child support covers a parent’s financial responsibility for their child, including housing, food, and clothing.
Are You Owed Retroactive Child Support? Get Legal Advice Now.
Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.
Disclaimer: This page serves as a resource and is not considered legal advice.
Frequently Asked Questions
In most cases, the court will not reduce past-due child support. It utilizes your income at the time to determine what the payment should be. Georgia is very strict regarding child support enforcement.
If you owe back child support, address the issue as quickly as possible, or you could face legal consequences. If you need help with handling it, contact an experienced divorce attorney.
On the other hand, if you are owed back child support, a family law attorney can help you enforce the court order to recover the owed amounts.
In both cases, always communicate with the other parent and document all payments, especially partial payments you might make while trying to catch up. It is usually advisable to send a separate check noting in the memo field that it is for child support on a specific date in the past.
While Georgia Statutes do not provide for retroactive child support, there is case law that orders a non-custodial parent to pay retroactive support. Precedents such as those set in Weaver v. Chester open the door for courts to request that you pay retroactive child support, including the medical bills for pregnancy and childbirth. However, the courts will determine a percentage of the expenses based on the income of you and your ex.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
