The law generally holds that every child has two parents who share responsibility for their upbringing. This principle may not apply in cases where the male parent is a sperm donor, provided there is legal documentation affirming this for children born through surrogacy.
For married couples living together in a family setting, the responsibility is typically divided between the parents. For unmarried or divorced parents, the law helps determine the division of responsibilities. In such cases, the non-custodial parent may be required to contribute financially through child support to the custodial parent. Any changes to this arrangement could potentially lead to conflicts, which may require legal intervention from professionals such as the Atlanta Divorce Law Group.
What is Child Support
Child support refers to financial contributions made by a parent to help cover the costs associated with raising a child. In Georgia, child support typically covers basic necessities, such as food, shelter, and clothing, as well as medical expenses, school fees, travel, entertainment, and housing. These costs are generally intended to support the child after the parents have divorced.
The law does not exhibit gender bias regarding child support; either parent may be required to pay, depending on custody arrangements. For instance, if a father has sole custody of the child, it may be that the mother is required to pay child support.
In situations where parents are unmarried, courts may sometimes order a paternity test before issuing a child support ruling. Adoptive parents are typically treated the same as biological parents in terms of their financial responsibilities. However, stepparents are generally not obligated to support their stepchildren unless other legal circumstances exist.
Amount of Child Support Payable
The incomes of both parents are considered when determining the amount of child support to be paid. The Georgia Commission on Child Support offers an online calculator, which can provide an estimate of what each party might expect to pay.
Still, the court retains significant discretion when deciding the final amount, as it must act in the child’s best interest. The court typically evaluates factors such as the child’s specific needs, the number of children the parent needs to support, the custodial and non-custodial parents’ relative incomes, and the child’s lifestyle before the divorce. As a result, each parent is usually required to submit their financial information, including income and expenses, which the court uses as a reference.
What If the Other Parent Doesn’t Pay
Court-ordered child support payments are considered important legal obligations, and failure to pay can lead to legal consequences. In some cases, contempt of court charges may apply, which could result in penalties such as jail time, although this is generally seen as a last resort. Family lawyer Shawna Woods of the Atlanta Divorce Law Group advises that it is often best to explore other alternatives to resolve the issue before resorting to such extreme measures.
One common method for collecting overdue child support is wage garnishment, where an employer withholds part of the non-custodial parent’s salary through a court order and sends the funds directly to the custodial parent. This can be a helpful means of ensuring timely payments, though the process often involves specific legal procedures and may require a family lawyer’s assistance.
In some situations, the court may take additional steps, such as revoking certain licenses for a non-custodial parent who fails to meet their child support obligations. Although driving privileges are not directly linked to child support, this option can create significant inconveniences that may motivate compliance. Additionally, in certain jurisdictions, professional licenses may be suspended as part of efforts to enforce child support payments.
Child support obligations typically continue until the child turns 18. However, if the child is a full-time high school student at age 18, payments may extend until their 20th birthday. It’s also important to note that child support amounts can be modified if there is a significant change in circumstances.
Disclaimer: The information provided in this article is for general informational purposes only and is not intended as legal advice. Laws regarding child support can vary by jurisdiction, and each case may have unique circumstances. For advice tailored to your specific situation, please consult a qualified attorney.
