The Division of Child Support Services in Georgia clearly states that those who fail to pay their child support may face incarceration. However, the court tends to gradually increase penalties for delinquent parents, starting with basic steps like wage garnishment. If your ex is not paying child support, discuss your legal options with an experienced Georgia child support lawyer.
The First Step Is to Schedule a Hearing
If your ex is not paying their child support, the first step is to assess their financial situation during a hearing. From the court’s point of view, it is important to determine whether the parent is delinquent by choice or due to circumstances outside of their control. Generally speaking, the court is not in the business of arresting people for the crime of poverty.
In order to trigger this process, you must file a motion to enforce child support. A lawyer can help you with this, and it is relatively straightforward. During the hearing, your ex will have an opportunity to explain why they are not paying child support. Some excuses may be valid, such as job loss, health problems, or other child support obligations.
Failing to Pay Child Support Could Be “Contempt of Court”
All child support agreements are court orders. If your ex violates a court order, a judge can hold them in contempt of court. This is a relatively serious offense that can certainly lead to incarceration. If your ex can pay child support but chooses not to, this is the consequence they will likely face.
The Catch-22 of Sending Your Ex to Jail for Not Paying Child Support
While one might argue that a delinquent parent should face jail time for not paying child support, there is one obvious problem to consider: An incarcerated ex has no chance of paying child support. If you’re facing financial pressures because your ex isn’t contributing, one might argue that putting them behind bars only compounds the problem.
As a result, it generally makes more sense to use legal mechanisms to pressure your ex into paying. As long as your ex stays out of jail, it is at least possible for them to pay you the necessary sums.
How to Force Your Ex to Pay Child Support
An obvious legal mechanism in this scenario is wage garnishment. With this approach, the court will simply take a portion of your ex’s wages and give that money to you. You may receive up to half of your ex’s income in this manner. Other options include the suspension of your ex’s driver’s license or their professional licenses.
Can a Georgia Child Support Lawyer Help Me?
If your ex is not paying their fair share, you have every right to assess your legal options with an experienced Georgia child support lawyer. While your ex may eventually face incarceration after failing to pay child support, the court will try various enforcement steps before issuing a warrant. Learn more about the next steps by contacting Lankford & Moore Law.
