Understanding Back Child Support in Georgia
In Georgia, back child support, also known as arrearages, refers to the amount of child support that has not been paid as ordered by the court. The state takes child support obligations seriously, and failure to pay can result in severe penalties, including criminal charges.
The Georgia Department of Human Services, Division of Child Support Services, is responsible for enforcing child support orders and collecting back child support. The agency works with both parents to establish and enforce child support orders, ensuring that children receive the financial support they need.
When Does Back Child Support Become a Felony in Georgia?
In Georgia, back child support becomes a felony when the amount of unpaid support exceeds $2,000 or if the obligor has willfully failed to pay support for a period of two years or more. The state considers willful failure to pay child support as a serious offense, punishable by imprisonment and fines.
To be considered a felony, the prosecution must prove that the obligor had the ability to pay the child support but chose not to. The court will examine the obligor's financial records and other evidence to determine whether the failure to pay was willful or due to circumstances beyond their control.
Penalties for Unpaid Child Support in Georgia
The penalties for unpaid child support in Georgia can be severe. In addition to felony charges, the obligor may face fines, imprisonment, and other penalties, such as suspension of their driver's license or professional licenses.
The court may also order the obligor to pay interest on the back child support, as well as attorney's fees and other costs associated with collecting the debt. In some cases, the court may also order the obligor to pay a lump sum to satisfy the arrearages.
Consequences of Felony Child Support in Georgia
A felony conviction for unpaid child support in Georgia can have serious consequences, including imprisonment, fines, and a permanent record. A felony conviction can also impact the obligor's ability to find employment, obtain credit, and participate in other activities.
In addition to the legal consequences, a felony conviction for unpaid child support can also have emotional and psychological consequences for the obligor and their family. It is essential for obligors to take their child support obligations seriously and seek legal advice if they are having trouble making payments.
Seeking Legal Advice for Back Child Support in Georgia
If you are facing felony charges for unpaid child support in Georgia, it is essential to seek legal advice from an experienced family law attorney. An attorney can help you understand your rights and options, as well as develop a strategy to defend against the charges.
An attorney can also help you negotiate with the other parent or the state to reach a settlement or payment plan that satisfies the arrearages. In some cases, an attorney may be able to help you reduce the amount of back child support owed or avoid felony charges altogether.
Frequently Asked Questions
How much back child support is considered a felony in Georgia?
In Georgia, back child support becomes a felony when the amount exceeds $2,000 or if the obligor has willfully failed to pay for two years or more.
What are the penalties for unpaid child support in Georgia?
Penalties include fines, imprisonment, suspension of driver's license, and other penalties, such as interest on the back child support and attorney's fees.
Can I go to jail for not paying child support in Georgia?
Yes, if you are found guilty of felony child support, you can face imprisonment, as well as other penalties, such as fines and a permanent record.
How can I avoid felony charges for unpaid child support in Georgia?
Seek legal advice, communicate with the other parent, and make timely payments to avoid felony charges and other penalties.
What is the statute of limitations for collecting back child support in Georgia?
In Georgia, there is no statute of limitations for collecting back child support, meaning the state can pursue collection at any time.
Can I negotiate a payment plan for back child support in Georgia?
Yes, you can negotiate a payment plan with the other parent or the state to satisfy the arrearages and avoid felony charges.