So What Do I Do Now? Child Support Enforcement – Issues & Options   Tags: family_law, georgia_law  

The failure of a parent to pay child support, whether due to inability to pay or due to willful refusal, causes problems for all concerned.   The stereotypical concept of a “deadbeat parent” may or may not be applicable in a particular case, although this term is thrown around rather carelessly in the mainstream media.   Unemployment, underemployment, downsizing, outsourcing, lack of health insurance and the overall decline in recent years in the types and amounts of public assistance available to those in need all play a role.   Factor in the pain of love relationships gone wrong, the stress of long-distance parenting, and sometimes domestic violence, and you’ve got a recipe for conflict.

Sometimes child support is withheld in an effort to continue to exert control over and inflict pain upon the former partner.   This is particularly true in cases of domestic violence.   Likewise, child support enforcement measures can be abused by custodial parents seeking any excuse to retaliate against the other parent for past wrongs, whether real or perceived.   Whatever the motivation for such behavior, the law says that parents have a duty to support their children.   Kids should come first, and compromise between the parties should be encouraged so that exposure of the children to conflict is minimized. Mediation is usually a good idea, except in cases of domestic violence, where it should be employed only after following strict guidelines of which courts, attorneys, and family law mediators must be aware.  Late case evaluations can also be a great way to make difficult parties see the light.   It is my hope that this research guide will be used with an eye toward choosing the right tool for the right job, and with a realization that a sledgehammer is not always the best choice.

The scope of this annotation is options for child support enforcement for obligee/payee parents in Georgia, as well as the issues that may arise in connection therewith.   The annotation also addresses some of the resources available to obligor/payor parents who wish to meet their obligations but are having trouble doing so.

The purpose of this online research guide is to identify in one resource the various issues that arise in relation to enforcement of child support obligations in Georgia, as well as to gather in one place the options that exist for parties on both sides of the equation with regard to collection and payment of child support arrears.   The guide is aimed at attorneys, paralegals and pro se litigants alike, with the hope of providing practical advice as to what laws to consider and what steps to take in resolving child support enforcement disputes.

There are two treatises used extensively by family law practitioners in Georgia and cited numerous times in this research guide. Rather than annotate each citation to these sources, here are general descriptions of these treatises:

Dan E. McConaughey, Georgia Divorce, Alimony, and Child Custody (2005).   The first step in any Georgia domestic relations research project is to “check McConaughey.”   It is THE Georgia family law treatise, and it is organized by subject and written in a narrative style, with plenty of case citations.   It also contains a handy legal forms section.   Published by Thomson/West, with new editions every year, it is available in electronic form on Westlaw.   The call number in the Georgia State University College of Law Library is KFG100 .M25 1980.   As with any treatise, be sure you are using the latest edition, and always read the cited authority; do not simply rely on the conclusory statements in the treatise itself.

Kathy L. Portnoy and Charla E. Strawser, Georgia Domestic Relations Case Finder (3d ed., 2004).   This treatise is the second essential component of any Georgia family law practitioner’s legal research arsenal.   It contains a listing of case summaries by topic, with minimum narrative.   There is an entire chapter devoted to enforcement.   It is published by LexisNexis Matthew Bender, and it is available in electronic form on Lexis. GSU COL Library call number:   KFG94.A53 C35 2004.   The latest edition is kept in the Ready Reference section of the library.

This annotation is not comprehensive; there is no way it could be.   Nothing in this research guide should be understood to constitute legal advice.   Every case is different and highly fact specific.   Not every option listed herein will apply to every case, nor should pro se litigants act on any of the options listed without first consulting an attorney and/or the appropriate state agency.

The information contained in this guide is current as of Spring 2006; after that, all bets are off.   Statutes and cases listed herein should be Keycited or Shepardized every time they are used to ensure they are still good law.   Be sure to use the most current editions of secondary sources, and don’t forget to check the pocket parts.  Also, do not rely on treatise author’s interpretations of cases; they are sometimes strained, and they can be downright wrong.   Read every case before citing it.   Websites change often; please e-mail the author about any broken or outdated links.

As of Spring 2006, Sarah Trevena Gordon is a part-time student in her fourth and final year of study at Georgia State University College of Law.   Since beginning law school in Fall 2002, the author has worked full-time as a paralegal at a small Atlanta general litigation firm with a concentration in family law.