In January of 1994, the state of Georgia passed a requirement that all child support orders include an income deduction order providing for automatic wage withholding unless the parents agree otherwise. Orders that do not include this allowance can be modified during a regular modification proceeding or a contempt proceeding.
This is, by far, the most effective method used to enforce child support. An income deduction order requires the non-custodial parent’s employer to withhold the amount due for child support from his/her paycheck.
When a parent fails to pay child support services, he or she is ignoring a court order, thus potentially placing him or herself in contempt. If a parent is behind on child support, you may file an action for contempt in the superior court of the county that issued the original order for child support. If a judge finds that the parent had an ability pay the court ordered amounts and failed to do so, the judge may issue an order finding that parent in contempt and ordering any or all of the following: repayment of all past due amounts, establishment of an income deduction order, attorney’s fees and legal costs associated with the custodial parent having to file the action, and/or incarceration.
Does your former spouse own real estate or personal property? An experienced attorney like Crystal Wright can help you obtain a lien on their land, house, or personal property.
A personal property or home lien is a claim you have on someone else’s belongings – including a car, boat, motorhome, television, house, or land – to cover the payment of debt. When a lien is placed on the real estate or personal property, the debt must be paid in full before the property can be sold by the owner (former spouse).
Department of Child Support Services – Child Support Enforcement Division
The state of Georgia has the ability to monitor child support payments via the Department of Child Support Services (DCSS). In order to benefit from the monitoring service, either parent must submit their case and/or order to DCSS for establishment.
In addition to monitoring, DCSS can help enforce child support. In so enforcing, DCSS provides the following remedies: interception of the non-custodial parent’s tax refund, suspension of the non-custodial parent’s driver’s license, cancellation of the non-custodial parent’s passport, and garnishment of the non-custodial parent’s wages.
If you have questions and/or are in need of an attorney to represent your interest during a divorce or child support proceeding, please contact Crystal Wright Law at 404-594-2143 or email crystalwrightlaw.com to schedule a consultation to discuss your legal options.