Obtaining a child support order can often be time consuming and costly. When a child support order is eventually put in place, it is often a relief to the parent ordered to receive such payment. Therefore, it can be extremely frustrating when a parent is due child support payment and that payment does not arrive on time or does not arrive at all. This is money that was ordered by the court to be paid to you in a certain amount and under a specific time frame, all listed on the order. But most importantly, it is money that is meant to be used towards the care, health, education, and well-being of your child. Thankfully, the law does provide for options in order to receive the child support that you are due.
Child support payment is considered delinquent if it is not received within 31 days following when the payment is due. If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Georgia child support law to collect the regular child support payments as well as any past due payments. The Georgia Department of Human Resources is the state-run child support enforcement office for child support. These services are required by federal law and are funded by the federal government as well as the State of Georgia. Enforcement procedures include:
- Withholding child support form paychecks, unemployment or worker’s compensation benefits;
- Intercepts of federal and/or state income tax refunds
- Reporting to credit bureaus;
- Suspension or revocation of driver’s, professional or occupational licenses;
- Intercepting lottery winnings of more than $5,000;
- Filing contempt of court actions, which may result in a jail sentence;
- Filing liens to seize matched bank accounts, lump sum worker’s compensation settlements and real or personal property;
- Denial, suspension or revocation of U.S. passport; and
- Possible placement on Georgia’s Most Wanted Child Support Evaders List.
Not only will the amount of child support ordered to be paid be subject to repayment, but there is interest collected on missed Georgia child support payments. All Georgia child support orders accrue interests at a rate of 7% per year beginning 30 days from the day the payment is due. Older due payments have an even higher interest rate. Interest prior to January 1, 2007 accrues at 12% per year beginning 30 days from the day the payment is due.
For child support orders issued on or after July 1, 1997 there is no statute of limitations on enforcement, meaning that it does not matter how much time has passed since the payment was due in order for enforcement procedures to be taken.
If you are due child support, please contact the attorneys at Vayman & Teitelbaum. Our dedicated team understands the stressful financial and emotional strains that this situation inevitably brings about for your and your family. We will work diligently to advocate for you and your children’s rights.