To help you understand what was discussed above, consider these two scenarios: Scenario 1: The father is required to pay child support. unable to receive or retain a United States passport, arrested for failing to pay back child support. "Child support arrears" is another term used interchangeably. This lack of income has the potential to cause a vicious cycle of child support-related charges. Every family we serve is unique. Modify Your Current Child Support. Texas. Having a criminal history for either misdemeanor or felony child support payment charges could negatively impact a person’s ability to gain employment or find a place to live. She should consult counsel in Georgia to determine if she can accomplish the waiver in Georgia. The non-paying parent stays in jail without any way to get out except to pay the purge amount. _Hasync.push(['Histats.track_hits', '']); If you are required to pay child support. Georgia law uses a child support calculation formula that takes the income and debt of both parents into account. We are committed to providing family-centered support to those we serve. Founded in 1988, Stearns‑Montgomery & Proctor offers competent legal advice and advocacy in the areas of divorce and family law, including child support and custody, alimony and spousal support, paternity and father's rights, and adoption. 6. The only likely recourse a parent who owes child support has is … (document.getElementsByTagName('head')[0] || document.getElementsByTagName('body')[0]).appendChild(hs); Contact us today to schedule a consultation so we can discuss your case. Scenario 2: The father is required to pay child support. The phone…, Read 2 Answers from lawyers to My wife recently received a letter from Hayt, Hayt…. … When child support is not paid, and no attempts are made to pay down the arrears, interest, attorney’s fees, and court costs can be imposed. Even when a parent can find a new job, it doesn't always pay as well as the previous one did. In some cases, the Court may be willing to make your arrears payment a nominal amount in order to accommodate these circumstances. Be prepared to show the Court your income, your monthly expenses, and other extraordinary circumstances. The father is incarcerated by the judge and forced to make a purge payment on the child support owed in order to be released. hs.src = ('//s10.histats.com/js15_as.js'); Once arrested for criminal nonsupport, a person could spend one to three years in prison. Can child support arrears be waived, if the custodian parent and her attorney, lying under oath. Thread Tools. Share. Parties Married . The judge rules that, in addition to the reduced amount of child support, the father must pay a monthly amount to pay off the child support arrears he owes. He just stops paying child support. As opposed to Child Support Services actions, discussed above, a custodial parent can also bring an action for contempt against the non-custodial parent. Save my name, email, and website in this browser for the next time I comment. If the custodial parent hires an attorney to bring a contempt action against the non-custodial parent, they will also likely ask the court to order the non-custodial parent to pay their attorney fees and costs of litigation. There is a small exception — the court can award a certain amount of money to an unmarried mother for “birthing costs,” typically medical expenses, in an initial child support action. Email this Page… 07-03-2011, 04:24 PM #1. terriseay. However, if your case is being enforced by a child support enforcement agency, then she would most likely be able to ask Georgia to forgive the arrears owed in Texas for her. Support Arrears: How to Get Partial Forgiveness of Child Support Arrears; If this is your first visit please consider registering so that you can post. A skilled attorney at Stearns-Montgomery & Proctor can help you determine if modification or other options are available to help ease your burden. Before he gets a hearing in front of the judge, he falls behind on his child support because he cannot pay the full amount, but he does pay as much as he can.