DeKalb County Child Support Lawyers

Child support is a necessary issue that must be resolved when couples with minor children divorce. Determining the amount and timing of child support payments can often lead to disputes between divorcing parents. In such cases, the help of a knowledgeable and empathetic family law attorney can be invaluable.

At E.N. Banks-Ware Law Firm, we are committed to achieving the best possible results for you and your children through negotiation or litigation. Well-versed in Georgia child support laws, we can bring objective insights to help you successfully resolve your case. We routinely handle all child support-related matters, including establishing child support orders, modifying child support orders, and enforcing child support orders.

Founding attorney Noreen Banks-Ware has extensive experience handling child support matters in highly contested and collaborative divorces. Reserve a confidential consultation with a DeKalb County child support attorney at E.N. Banks-Ware Law Firm by contacting us online or at (470) 523-3135.

Establishing Child Support in Georgia

Ensuring financial stability for a child is crucial, and establishing child support is a fundamental step in this direction. Children have the right to be supported by both parents after divorce. This support is typically paid by the noncustodial parent. Parents in Georgia are legally responsible for this financial support until their children reach the age of 18 and graduate from high school, with a few minor exceptions. After sweeping changes to the child support laws in 2007, the state now relies on an “income-shares” model to determine the amount of child support awarded. This model considers the income of both parents, as well as several other factors.

Georgia provides child support guidelines, which calculate the amount to be paid by the supporting parent. Calculation begins with both parents’ gross income, including salary, bonuses, commissions, overtime, and retirement benefits. Certain expenses are deducted from the gross income amount. The income of both parents is combined to arrive at a “combined adjusted income.” This amount is entered into a worksheet along with the number of children to be supported, which determines a presumptive payment amount.

Other factors involved in determining child support include healthcare expenses, childcare expenses, low or high income adjustments, and parenting time.

Child Support Modifications

Modification of child support can be requested where a substantial change in financial circumstances affects either parent. The court may grant a modification when the paying parent involuntarily loses their job, experiences a significant increase or decrease in income, the needs of the child increase, either parent becomes physically disabled, or a change is made in the child custody agreement. To request a modification, you must wait two years from the date of the initial child custody order or two years after a prior modification.

Child Support Enforcement

If the supporting parent fails to abide by the terms of a child support order or stops making payments entirely, we can help by filing an order with the court. If the support order was violated without cause, the court may order payments to be deducted from the supporting parent’s paycheck (wage garnishment), place a lien on their personal property, or freeze their bank accounts.

Collecting Child Support Via Contempt of Court

When a parent fails to meet their court-ordered child support obligations, enforcement measures may include collecting overdue child support through contempt proceedings. A contempt of court action can be filed to hold the non-compliant parent accountable. It applies to failing to make payments and not upholding other aspects of the child support order. The burden of proof lies with the custodial parent. Even if found not in contempt, the non-custodial parent still owes all past-due and future child support payments. These proceedings may result in wage garnishment, fines, jail time, or mandatory participation in court-ordered programs.

Reach out to E.N. Banks-Ware Law Firm for Help Today

Child-related disputes between parents can be stressful and destabilizing. Consulting one of our child support lawyers can give you peace of mind; you will have a team on your side backed by 35 years of family law experience. Email us from our contact form or call (470) 523-3135 to consult a DeKalb County child support attorney about your case.