Every child has the right to be supported by both parents. On January 1, 2007, new Child Support guidelines were implemented in the State of Georgia. Previously child support was based upon a percentage calculated from the non-custodial parent’s gross annual income. Georgia now utilizes the shared income approach to child support.
The shared income approach is based upon a rate table which establishes an amount which in theory is sufficient to meet the needs of the child or children. The new law takes into consideration the income of both parents, the cost of child care and health insurance, and several other factors. The new law is far more complicated than the previous guidelines and involves numerous steps to calculate child support. A Child Support Calculator program can be found at http://www.georgiacourts.org/csc. You need an experienced attorney to gather the needed information and be sure child support is calculated properly in your case.
Child Support Modification-
Child support can be modified if there has been a significant change in the financial circumstances of either parent or the needs of the child since the support was last established. No action for Modification of Child Support can be filed if a previous Modification of Child Support action was brought by the same party within two years.
Call the law office of Daniels & Taylor, P.C. if you think you are entitled to and increase or decrease in child support.
Child Support Contempt-
Contempt is part of the court’s inherent power to enforce its orders. The purpose of contempt is remedial, not punitive, to compel obedience to order of the court. Contempt must be a “willful” refusal of the party to obey the order, rather than an inability to do so. Failure to pay court orders child support is a serious matter which can result n serious life altering consequences.
As a general rule, the Superior Court which entered the order or judgment has exclusive jurisdiction to enforce it by contempt, but there are some exceptions to this rule.
The trial court in a contempt hearing has the authority to enforce the terms of its order, but not to modify the order. Enforcement sometimes includes incarceration, seizure of driver’s license, forfeiture of automobile tag, garnishment of wages or bank accounts, seizure of tax refunds, work release, forced sale of assets. There are also obvious consequences to the children and custodial parent when child support is not paid.
Attorney fees can and often are awarded to either party within the sound discretion of the court
If you are entitled to receive child support and are not being paid as ordered by the court, or if you have been accused and must defend against a accusation of not paying your child support, Daniels & Taylor, P.C. can help
Please call Daniels & Taylor, P.C. to schedule an appointment for a free initial office consultation with one of our Attorneys to determine, enforce, and/or protect your rights.
