Help! My Ex Won’t Pay Child Support

Child support is a crucial aspect of ensuring your children receive the financial support they need after a separation or divorce. Unfortunately, some custodial parents find themselves in the distressing position of not receiving the child support payments they are owed.

If you’re facing this situation in Augusta, Georgia, understanding your rights and the legal framework surrounding child support can help you navigate this challenging time. At Boudreaux Law Firm, we’re here to help you understand how to enforce child support orders and what steps to take when your ex won’t pay.
Georgia’s Child Support Laws

In Georgia, child support laws are designed to ensure that both parents contribute to the upbringing of their children, regardless of their relationship status. Under the Georgia Child Support Guidelines, the amount of child support owed is determined based on several factors, including:

• Income of Both Parents: The court will consider the gross income of both parents to assess their financial capability to support the child. This includes wages, bonuses, overtime and passive income.
• Number of Children: The support obligation increases with the number of children involved in the custody agreement.
• Custody Arrangements: The amount may vary depending on physical custody arrangements. For instance, the non-custodial parent usually pays more when the custodial parent has the child for the majority of the time.
• Health Insurance and Childcare Costs: If one parent is providing health insurance or childcare expenses, these costs are included in determining the child support amount.
• Extraordinary Expenses: Any extraordinary expenses related to the child’s education, medical needs or other costs may also be factored into the child support calculation.

Once determined, the court will issue a child support order, which the non-custodial parent is legally obligated to follow.

What to Do When Your Ex Won’t Pay

If you’re struggling with a non-compliant ex-partner who refuses to pay child support, there are several important steps to take:

1. Step 1: Document Everything – Keep detailed records of all missed payments. Note the payment amounts, the payment dates and any communication you have with your ex regarding the missed payments. This documentation will be crucial if you need to present your case in court.
2. Step 2: Open Communication: If possible, try to communicate with your ex about the missed payments. There could be valid reasons for the delay, such as job loss or medical issues. An open line of communication may lead to a solution outside of court, allowing you to come to a reasonable agreement.
3. Step 3: Enforce the Order: If informal communication does not resolve the issue, it may be time to consider legal action. In Georgia, you can file for a contempt of court order against your ex. This legal action can compel them to comply with the child support order and may result in penalties if the court finds them in contempt.
4. Step 4: Seek Legal Help: Navigating child support enforcement can be complicated. This is where Boudreaux Law Firm comes in. Our experienced family law attorneys can guide you through this process, help you file the necessary motions in family court, and represent your rights in the matter.

Contempt of Court and Enforcement Issues

Filing for contempt of court is a legal remedy available when a party does not comply with a court order. In the case of child support, if your ex fails to make payments as instructed by the court, you can petition the court to enforce the order.

• Filing the Motion: Our team will assist you in filing a motion for contempt, outlining the failure to comply with the child support order.
• Court Hearing: A hearing will be scheduled, allowing both parties to present their arguments. It’s essential to have legal representation to effectively present your case and argue for your rights.
• Potential Outcomes: If the court finds your ex in contempt, several remedies may be imposed, including ordering them to make all past-due payments, paying fines or, in severe cases, jail time for repeated non-compliance.
• Ongoing Monitoring: Once the order is enforced, we can assist with ensuring that future payments are made properly and on time, safeguarding your children’s rights to financial support.

Child Support FAQs

What happens if my ex refuses to pay child support?

If your ex refuses to pay child support, you can take legal action by filing for contempt of court to enforce the child support order.

Can I modify my child support order?

Yes, child support orders can be modified due to significant changes in circumstances, such as changes in income, job loss or changes in custody arrangements.

What are the penalties for non-payment of child support in Georgia?

Penalties may include wage garnishment, loss of professional licenses, tax refund interception or even jail time for repeated non-compliance.

How long does child support last in Georgia?

In Georgia, child support generally continues until the child turns 18 or graduates from high school, whichever comes later.

What if my ex is making payments but not the full amount?

If your ex is making partial payments, you still have the right to enforce the court order for the full amount owed. Document everything and seek legal assistance to resolve the issue.

Get Help with Georgia Child Support

If you’re dealing with a non-compliant ex regarding child support payments, you don’t have to face this challenge alone. At Boudreaux Law Firm in Augusta, Georgia, we are committed to helping you understand your rights and navigate the legal system. With our expertise in family law, we’ll work diligently to ensure that you receive the support your children deserve.

Don’t hesitate to reach out for a consultation — your children’s welfare depends on it.

Posted on behalf of Boudreaux Law Firm

493 Furys Ferry Rd

Augusta GA 30907