When a parent in Georgia doesn’t make court-ordered child support payments, the state has broad powers to enforce the order and pursue collection. Understanding the legal framework, penalties, and options for modification can help parents avoid serious consequences. Here’s what you need to know if you’re dealing with unpaid child support in Georgia.
In Georgia, child support is established through a court order or administrative process, and once entered it creates a legal duty to pay. You can’t simply choose not to pay because of personal disagreements, lack of visitation, or financial stress — the duty exists until the court order is modified.
If you fall behind or stop making payments, the amount you owe becomes “arrears.” Georgia’s Division of Child Support Services (DCSS) tracks these arrears and has tools to collect them when payments aren’t made.
Before a judge finds you in contempt, DCSS typically tries administrative enforcement options, such as:
Wage withholding (automatic deduction from earnings)
Intercepting federal and state tax refunds
Reporting arrears to credit bureaus
License suspension (driver’s, professional, occupational, recreational)
Lottery winnings intercepts
These actions occur automatically under state law when you fail to pay as ordered.
If you’re significantly delinquent, often around 60–90 days past due, DCSS can notify licensing agencies to suspend your driver’s license, professional licenses, and even recreational permits until you make payments or arrange a plan.
If administrative enforcement isn’t enough, the custodial parent or DCSS can ask a judge to hold you in contempt of court for failing to follow the support order. To do this, the court must find that you willfully failed to pay despite having the ability to do so. Punishment may include:
Court fines (sometimes up to $1,000 or more)
Jail time (often up to 20 days per contempt finding)
Orders requiring you to immediately pay arrears
Most judges require proof that you could have paid but chose not to before imposing incarceration.
If you can’t pay child support in Georgia, here’s a simple next-steps checklist
The goal is to reduce risk, stay organized, and pursue a legal solution (like modification) when circumstances change.
DCSS can report delinquent payments to the three major credit reporting bureaus, which may significantly lower your credit score and affect your ability to get loans or credit in the future.
Unless the child support order is legally modified by a court, you must continue paying under the existing terms even if your income drops, you lose a job, or circumstances change. If your situation changes significantly, you can petition the court for a modification, but you must continue paying the original order until the modification is granted.
Georgia DCSS administers services like the Fatherhood Program designed to help parents avoid enforcement actions by assisting with employment, accountability, and support compliance. Participation may help keep cases out of contempt proceedings.
In rare but serious cases, especially if you owe more than $10,000 and evade payment while living in another state, federal penalties under the Deadbeat Parents Punishment Act might apply, including possible federal prosecution.
If paying becomes genuinely impossible due to job loss, disability, or financial hardship, it’s crucial to:
Contact DCSS immediately
File a petition to modify the support order
Provide documentation of your financial situation
Requesting a modification gives you the chance to adjust payments; legally stopping payments without approval will likely trigger enforcement.
Falling behind on child support in Georgia can feel overwhelming, especially when financial or personal circumstances change unexpectedly. But ignoring the issue often makes things worse. Enforcement actions can escalate quickly, and arrears continue to grow until a court order is modified. The most important step is understanding your rights, your responsibilities, and the options available to you under Georgia law.
At Modern Family Law, our attorneys work with parents across Georgia to navigate child support enforcement, modifications, and compliance issues with clarity and compassion. Whether you’re struggling to keep up with payments, facing enforcement action, or seeking a modification due to a change in income, we can help you understand your next steps and advocate for a solution that protects both your future and your child’s well-being. If you’re unsure where to start, getting informed guidance early can make a meaningful difference.
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