Raising a child without financial support from the other parent can be overwhelming. If your ex-spouse or your child’s biological father has never paid child support, or has fallen behind on payments, Georgia law provides legal options to enforce support orders and ensure your child receives the financial resources they deserve.

In some cases, the father may not even be legally recognized as the child’s parent, making it necessary to establish paternity and legitimation before child support can be enforced. Attorney Sean R. Whitworth, a trusted family law attorney in Marietta, GA, can guide you through the legal process and help you secure unpaid child support.

In Georgia, unpaid child support (also called child support arrears) is considered a legal debt. The non-custodial parent is still responsible for making payments, even if they have never paid in the past. However, the steps to enforce or establish child support depend on whether a court order exists.

Scenario 1: A Child Support Order Exists but Payments Were Never Made

If a child support order was issued by a Georgia court, but the paying parent has not fulfilled their obligations, you can take enforcement actions, including:

1. Filing a Motion for Contempt – This legal action notifies the court that the parent has failed to pay child support as ordered.
2. Wage Garnishment – The court may order the parent’s employer to deduct payments directly from their paycheck.
3. Bank Account Levies – The state can seize funds from the non-paying parent’s bank account.
4. Tax Refund Interception – Georgia may intercept state and federal tax refunds to cover unpaid child support.
5. License Suspension – The state may suspend the delinquent parent’s driver’s or professional license.
6. Liens on Property – The court can place liens on the parent’s assets until the debt is paid.
7. Criminal Contempt Charges – Continued non-payment can lead to fines or even jail time.

Scenario 2: No Court-Ordered Child Support Exists

If you never established a legal child support order, you cannot
retroactively request back child support in Georgia. However, you can file for child support moving forward by:

1. Filing a Petition for Child Support – A formal request is made to the court to establish a support order.
2. Attending a Court Hearing – Both parents may present financial information to determine the appropriate amount of support.
3. Receiving a Support Order – Once issued, payments become legally enforceable.

Scenario 3: The Father Is Not on the Birth Certificate or Was Never Legally Recognized

If the father is not on the birth certificate or was never legally recognized, child support cannot be enforced until paternity and legitimation are established.

Step 1: Establishing Paternity

• If the father denies paternity or was never legally acknowledged, you can file a Paternity Petition through the court.
• A DNA test may be ordered to confirm biological fatherhood.
• Once paternity is established, the father has financial responsibility for the child.

Step 2: Filing for Legitimation

• In Georgia, paternity alone does not grant legal rights to the father. A father must file a Petition for Legitimation to establish parental rights.
• Legitimation gives the father the right to seek custody or visitation, and it allows the child to inherit from the father.
• Once legitimation is granted, the court can issue a child support order.

If your child’s father was never legally recognized, Attorney Sean R. Whitworth can assist you in filing for paternity and legitimation to secure financial support.

Once a child support order is established, Georgia law allows enforcement of unpaid support until the debt is paid in full, even after the child turns 18. The custodial parent has no time limit to collect unpaid support, and interest may be added to the total amount owed.

However, if no court order was ever in place, you cannot request retroactive support for past years. This is why taking legal action early is crucial.

If you have never received child support, or if your child’s other parent has fallen behind on payments, Attorney Sean R. Whitworth in Marietta, GA, can help you navigate the legal process and enforce your rights. Whether you need to establish a support order, enforce payments, or address paternity and legitimation issues, having an experienced family law attorney on your side makes all the difference.

If you are in need of a family law attorney in the Greater Atlanta area, contact Attorney Sean R. Whitworth today!