Child support is often an issue of contention for couples who are separated or divorced and have children together. Generally, a parent starts paying child support to the other parent of their child or children when a court orders them to do so. Back child support in Georgia, meaning child support for a period of time before it was ordered by a court, is generally not ordered by Georgia courts.
The standard situation is a divorce, which ends with the custodial parent receiving child support paid to them by the noncustodial parent. In some cases, however, a court might order the parent to pay child support to cover a past period of time.
Suppose, for example, that a father does not know that he is the biological father of a child. He may not learn this until years after the child’s birth. Or, a father who is not married to his child’s mother may play a very active role in the child’s life from the time of the child’s birth but does not regularly pay a fixed amount of money to the mother. The father may contribute financially to the mother’s household, but it is not a set amount paid on a regular schedule.
After years have passed, the mother may decide to go to court to get a court order requiring the father to pay child support in a fixed amount on a monthly basis. In these situations, fathers would want to know if the court will require them to pay child support for the years after the child is born until the court rules on the mother’s request for child support. That is, can they be required to pay child support retroactively?
Retroactive child support should not be confused with temporary child support. Often, when a couple seeks a divorce, one parent may request that the other pay temporary child support while the divorce action is pending.
A judge may grant temporary child support. The judge would order the noncustodial parent to pay an amount that is enough to support the children of the divorcing couple per the Georgia child support guidelines.
Of course, as part of a divorce, the judge also determines which parent should have custody or whether it should be shared. If one parent is granted custody, then the judge would decide whether the parent who does not have custody should pay child support to the other, and if so, how much.
How Can I Get Child Support in Georgia?
In Georgia, a parent who has custody of a child can also request child support not as part of a divorce proceeding. The parent can do this online, by telephone, or in print by filling out and mailing in an application packet. Or, the parent can fill out the application online, print it out, and then submit it in person to their local child support office.
The Child Support office does need to know where the noncustodial parent from whom the custodial parent wants child support lives or works. The Child Support office cannot guarantee that it is able to locate a noncustodial parent in all cases. They are more likely to be able to do so if they have more information about the person. The Child Support office can order a paternity test of a noncustodial father if paternity is in dispute or has not been determined.
Is Child Support Retroactive in Georgia?
Georgia child support laws do not require a parent in the circumstances described above to pay retroactive child support. This means that a Georgia court may order a person to pay child support to a child who may have been unknown to the father. If so, then the court does not require the person to pay retroactive support.
In other words, the person does not have to pay the monthly child support going back to the date of the child’s birth. Rather, the support must be paid going forward from the date of the order only. This is because Georgia child support laws simply do not provide for retroactive child support. So child support is paid going forward from the date on which the court makes its order regarding the payments of child support.
There are cases in Georgia that allow a court to order payment to a custodial parent of what is referred to as “past due expenditures.” These “past due expenditures” would be actual expenses that the custodial parent paid in connection to the child’s birth and upbringing during pregnancy and afterward.
However, once child support is ordered by a Georgia court, if the person does not pay the amount ordered, they still owe the child support. This means that if a person is ordered to pay child support and then fails to make their payments, the debt does not go away.
Can I Modify My Child Support Payments?
Georgia child support laws require both parents of a child or children, whether they are married or not, to support them financially. In this regard, a court determines the amount of child support in any given case on the basis of the state’s Income Shares Model.
This means that a judge considers the respective incomes of both spouses in deciding on the amount of child support. The judge considers income regardless of who has custody and who does not. The judge also takes certain other factors into account as well.
Parents, whether or not they have ever been married, can calculate the possible amount of child support by referring to the Georgia Child Support Calculator. However, please note that the sum that is shown in the calculator is not guaranteed to be the final sum. It might be higher, or it might be lower depending on other factors that a judge can consider.
In Georgia, until 2007, the amount of child support was determined solely on the basis of the earnings of the parent who did not have custody. However, currently, as noted above, courts in Georgia use the Income Shares Model.
While a court does calculate and consider a parent’s gross income, it is not always the basis for the decision as to the amount of child support. Other factors are taken into account as follows:
- Self-employment: If a parent is self-employed, their income is reduced by the amount they pay for federal FICA and Medicare withholdings;
- Previous marriages: if the parent pays child support for a child of a previous marriage and the amount a parent would have to pay in a current case would affect their overall financial situation, it could be lowered;
- Other children living with the party who pays: This factor is only considered if it causes financial hardship to the non-custodial parent. It is also considered if it is still in the best interests of children in the case the judge is deciding.
Do I Need a Georgia Family Attorney for Retroactive Child Support Issues?
If you have concerns about whether you owe child support or if it has become an issue in your divorce, you should consult a Georgia child support lawyer. LegalMatch.com can connect you to an attorney who can help you get child support from the noncustodial parent of your child or seek child support as part of a divorce proceeding.
Or, if you are paying child support and need to get the amount you pay reduced, your lawyer can help you with this as well. Your lawyer can ensure that you pay only the amount you are legally obligated to pay.
