Missing child support payments can be stressful for both the custodial parent, who stops receiving monthly support, and the non-custodial parent, who is falling behind on their responsibilities and creating debt for themselves. In Georgia, missing child support payments can lead to significant legal consequences, including the possibility of jail time. However, jail is generally a last resort. For more information on how courts enforce child support and to secure skilled representation during your case, read on and speak with an experienced Cobb County criminal lawyer today.
Can I Go to Jail for Missing Child Support Payments in GA?
Yes, it is possible that you will go to jail for failing to make your child support payments in Georgia. Child support orders are issued by state courts, meaning that they are legally binding and enforceable. Failing to comply with a court order can make you guilty of contempt of court.
The Official Code of Georgia Annotated § 19-6-28 explains that a parent who willfully fails to pay child support can be held in contempt of court, stating that “…the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court.”
If you are found guilty of contempt of court, you could be sentenced to jail for up to 6 months. In order to receive this verdict, the court must determine that you had the ability to pay but chose not to.
How Else Can Child Support Be Enforced?
Jail is not the first option the court will implement. In fact, it is rare that you will actually be charged with contempt and wind up serving time. Instead, Georgia’s Division of Child Support Services (DCSS) will use other enforcement tactics such as:
- Wage garnishment
- Tax refund interception
- Driver’s license suspension
- Professional license suspension
- Liens on property
These enforcement actions and more are generally used before resorting to jail time.
What if I Can’t Afford to Make Payments?
If you missed your child support payments because you genuinely could not afford to pay, it could be considered a valid excuse, and you may not be found guilty of contempt of court. However, if you cannot pay, you must inform the court as soon as possible, not simply stop making payments.
If you genuinely cannot pay due to unemployment, illness, disability, or some other change in circumstances, you must prove it to the court. It is wise to file a petition to modify your child support order as soon as possible if you can no longer afford payments. While the court may reduce the amount you owe in the future, you will still be required to pay arrears.
For more information and legal advice, contact a skilled attorney today.
