Child Support Lawsuit by an Adult Child in Georgia

When a parent fails to pay court-ordered child support in Georgia, the unpaid amount is called “arrears” or “back child support.” Even after the child turns 18, the parent still owes this unpaid child support. In some cases, an adult child might be able to sue their parent for the back child support they are owed.

When Is Child Support Owed to an Adult Child?

In Georgia, child support normally ends when the child reaches age 18 or graduates from high school, whichever occurs later (but not past age 20).

However, if there was a valid child support order in place before this cutoff based on the child’s best interests standard and the parent did not pay the full amount, they still owe that unpaid child support even after the child becomes an adult. There is no time limit on collecting unpaid child support in Georgia.

What Is a Lawsuit for Child Support in Arrears?

A lawsuit for child support arrears is a legal action taken to collect unpaid child support from a parent who has failed to make the required payments. In Georgia, when a parent doesn’t pay the full amount of child support ordered by the court, the unpaid amount is called “arrears” or “retroactive child support.”

Usually, the person who files this kind of lawsuit is a divorced parent who was supposed to receive the child support payments, often the child’s custodial parent. They’re suing to get the money that the other parent legally owes to help support the child.

However, in some cases, the child might be the one to file the lawsuit. If the child is now an adult (over 18 years old), and the child support went unpaid while they were a minor, the adult child can sue the parent who failed to pay to try to collect the back child support. This is allowed because there is no statute of limitations on collecting child support arrears in Georgia. The right to the unpaid money doesn’t go away just because the child has grown up.

To start the lawsuit, the person suing (whether it’s the other parent or the adult child) has to file the appropriate paperwork with the right court. This could be the court that originally issued the child support order, or it could be the court in the county where the parent who owes the money (the defendant) lives.

The paperwork filed to start the lawsuit has to follow specific legal rules and include certain information. This typically includes details like the names of the parties involved, the amount of unpaid child support being claimed, and a request for the court to order the payment of the arrears.

Once the lawsuit is filed, the person suing has to officially notify the parent being sued about the lawsuit. This is called “serving” them with the lawsuit. There are strict legal rules about how this notification has to be done to make sure the defendant is properly informed and given a chance to respond.

The defendant might be personally handed the lawsuit paperwork by an official process server or law enforcement officer. If they can’t be found for personal service, there are other allowed methods of service like mailing the paperwork to their last known address or, in some cases, publishing a notice in a newspaper.

After being properly served, the parent being sued has a set amount of time (usually 30 days in Georgia) to file a formal response with the court. If they don’t respond, the court might issue a default judgment against them, automatically granting the requested back child support.

If the defendant does respond, the case moves forward through the legal process. This could involve exchanging evidence, having hearings in front of a judge, and potentially ending up at a trial. Throughout the process, both sides present their arguments and evidence about the child support debt.

Ultimately, if the court finds that there are indeed child support arrears owed, it will issue a judgment ordering the defendant to pay the amount that’s overdue. The court has many tools to enforce this judgment and collect the money, such as wage garnishments, property liens, and even contempt of court proceedings that could result in jail time if the parent still refuses to pay.

What Are Some Issues With Lawsuits for Child Support in Arrears?

Suing a parent for unpaid child support can be tricky, especially if the child is now an adult. Here are some of the difficulties that might come up in which you should consult an attorney:

Proving the Amount Owed

The person filing the lawsuit needs to show the court exactly how much child support is owed. This means having clear records of all the child support payments that were made and all the ones that were missed, going back years.

If the person receiving child support doesn’t keep careful track of the payments, it can be hard to prove the amount of arrears. They might need to go through old bank statements, emails, texts, and other documents to piece together the history of payments, which can take a lot of time and effort.

Ability to Pay

Even if the lawsuit is successful and the court orders the parent to pay the child support they owe, that parent might not have the money or assets available to pay it. They could be unemployed, have health issues, or have other debts and obligations that make it hard for them to pay what they owe.

The person who filed the lawsuit might have to go back to court multiple times to try different methods of collecting the debt, like wage garnishment or liens on property. This can be a long and frustrating process.

Impact on Relationships

Suing a parent, even for a valid reason like unpaid child support, can seriously damage the relationship between the child and that parent, as well as other family relationships. The parent being sued might feel angry, hurt, or resentful, especially if they believe they have good reasons for not paying the child support. Other family members might feel like they need to take sides.

The lawsuit could lead to arguments, estrangement, and long-lasting family conflict. The child will need to weigh the potential financial gain against the risk of damaging or losing their relationship with the parent.

Jurisdiction Issues

Sometimes, the parent who owes child support might have moved to a different state than the one where the original child support order was issued. This can make it trickier to sue them and collect the money. The laws about child support and collections can vary from state to state, so the person suing might need to do extra legal work to figure out where and how to file the lawsuit. They might need to get the help of lawyers in multiple states.

These are just some of the potential challenges that can come up when trying to sue a parent for unpaid child support, even when the child is an adult. It’s important for anyone considering this kind of lawsuit to understand the difficulties that might be involved and make sure they’re prepared to see the process through. Talking to an experienced local Georgia lawyer can help you understand your options and make informed decisions.

Do I Need to Hire a Lawyer for Help With Unpaid Child Support Issues?

Dealing with unpaid child support, especially when the child is now an adult, can get complicated very quickly. It’s a good idea for anyone thinking about suing for back child support to talk to a Georgia lawyer who has experience handling child support cases and knows the ins and outs of Georgia child support laws and local court procedures.

A Georgia child support attorney can review the specific facts of the case, figure out the best way to proceed, and represent either the parent suing or the parent being sued throughout the whole legal process. Having a skilled lawyer on your side can improve the chances of a positive outcome.

To get help with a child support arrears lawsuit or any other child support issue in Georgia, reach out to an experienced family law attorney in your area today.