Other than custody, visitation, and/or support modification actions, child support enforcement actions may be the most common post-divorce legal actions in Cobb County. Fewer than half of primary residential parents receive their full child support allotments. A significant percentage (about 30 percent) receive nothing at all.
The Attorney General has primary jurisdiction over child support enforcement matters. But Attorney General collection matters are notoriously slow paced. Furthermore, the assistant attorney general represents the state, not the parent. The state’s interest doesn’t always align with a caregiver’s interests. For example, in enforcement actions, AAGs often skip the easy way and proceed directly to the hard way. More on that below.
So, a partnership with a private Marietta family law attorney is usually the best option in these cases. Private lawyers, especially private lawyers who practice law in small firms, are usually much more responsive than government lawyers. Furthermore, a Marietta family law attorney is your lawyer.
The Easy Way
Generally, a good Marietta family law attorney always tries the cheap and easy way first. This approach is especially important in child support enforcement actions. Frequently, these situations are emotionally charged, to say the least. Launching an over-aggressive collection campaign is like throwing gasoline on a fire.
We should pause and state that the easy way never involves self-help measures. Primary residential parents cannot link visitation and support (e.g. you can see Junior when you pay what you owe). This approach is tantamount to holding the child for ransom.
Wage Garnishment and Withholding Orders in Georgia
For both obligees and obligors, a withholding order in a divorce decree or other order is the ultimate stitch in time that saves nine. For obligors, the child support usually goes directly into their bank accounts or onto a prepaid debit card. A withholding order could also have tax advantages for an obligor, if the payroll company deducts the child support before it deducts taxes.
However, many local companies use out-of-state payroll firms. These firms may not obey a Georgia order that’s technically unenforceable outside state lines. Additionally, many obligors have non-W2 income, such as self-employment or passive income. Such income isn’t subject to standard wage withholding orders.
Demand Letters
Many obligors fall behind because they temporarily lose their jobs or go through another brief financial storm. After that storm passes, they usually want to do the right thing and catch up, but they don’t know how to get started.
A demand letter gives such an obligor an opportunity to step up to the plate. Usually, a demand letter also includes a vague “or else” threat which motivates compliance.
Property and Credit Liens
A withholding order may be unavailable, and an obligor may ignore a demand letter. On the other hand, credit and property liens are almost always available and almost always pay off.
Initially, a lien is a meaningless piece of paper. However, sooner or later, the obligor will try to borrow money or sell the property. At that time, the lien must be resolved, and a Marietta family law attorney has a clear upper hand in the resolution process.
Advanced Child Support Enforcement Options
When should a Marietta family law attorney give up on the easy way and try the hard way? The answer to this difficult question depends on a number of factors, mostly the amount of emotion involved (as mentioned above), the amount of arrearage, and the obligee’s motivation to wrap up the matter quickly.
Proving Repeated Support Order Violations in Court
The easy ways don’t involve court supervision. But the hard way begins with a motion to enforce. Most judges won’t act unless the movant (filing party) establishes a pattern of violations. If the respondent (nonfiling party) also ignored some warning shots, that’s even better.
Incidentally, this pattern usually applies to all court orders, not just child support orders. Other FSO (family support obligation) enforcement actions include spousal support and uninsured medical expense reimbursement payments. The same basic pattern also applies to non-financial issues, such as custody and visitation enforcement.
Intercepting Payments & Levying Bank Accounts in Georgia
If a Marietta family law attorney resorts to the hard way, that usually means wage withholding and other “easy way” enforcements have failed. But that’s not always true. Sometimes, the existing order is poorly worded, for one reason or another. Cleaning up the language may be enough to remedy the situation and allow the movant to obtain a withholding order.
As a side note, in Georgia, up to 60 percent of the obligee’s disposable income may be withheld for current and past-due child support. That figure is one of the highest ones in the country.
Usually, however, more aggressive measures are necessary. These more aggressive measures include payment intercept and bank account levy.
Many people receive large tax refunds in the spring and other financial windfalls. Such windfalls may not make much of a dent in the overall arrearage amount, but they make a big short term difference. Bank account levies are quite complex, but if successful, they may be the most powerful child support collection tool.
Jail Time for Child Support Nonpayment in Georgia
Technically, failure to pay child support is a violation of a court order. Therefore, in extreme cases, probation and jail time are available. Confinement may seem counterproductive, since people behind bars cannot work and earn money. But when a person’s liberty is threatened, you’d be surprised how quickly s/he pays what’s owed.
Delinquent obligors can’t get away with it forever. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.
