Often, two of the most contentious issues for those going through a divorce are finances and children. As such, child support can be an incredibly difficult process for the parents to navigate, as often one parent will disagree with the amount established by the court. However, when you are accused of failing to pay child support, you’ll find that this can be an incredibly difficult process, as this can lead to criminal charges and potential jail time. The following blog explores what you should know about these matters, including the importance of working with a Cobb County criminal defense lawyer to help you fight for the best possible outcome for your unique circumstances.
How Is Child Support Calculated in Georgia?
When a couple divorces, in general, the state believes that both parents should be financially responsible for the child. This is to ensure the child would have access to the same funds they would have available if their parents were still together.
In Georgia, the courts utilize a predetermined formula and consider other factors when determining how much child support payments should be. As such, the courts will combine both incomes and then determine the baseline support based on the number of children. This essentially calculates each parent’s percentage of the total income to determine how much each parent is responsible for. However, other factors like how much time the child spends with each parent and any specialized needs they have will be taken into consideration as well.
When the court determines how much each parent is responsible for each month, it will finalize the divorce order. It’s important to understand that this is a formal court order that you must adhere to. Failure to do so, including failure to pay the child support you owe, can result in legal consequences.
What Happens If I Don’t Make Payments?
As mentioned, child support payments are formally ordered by the court. As such, if you fail to make the payments, you can be held in contempt of court. However, contempt of court may be the least of your worries. If you fall more than 30 days behind on your child support payments, you may be charged with criminal non-support or abandonment. This is a misdemeanor offense that can warrant up to one year in jail.
However, if you have taken drastic measures to avoid paying child support, such as moving out of state or hiding your whereabouts from your child’s other parent, you could potentially face a felony offense. This is typically warranted after you have been charged twice with criminal non-support.
In addition to facing time spent behind bars, you may face additional consequences for failure to make court-ordered support payments. This includes wage garnishments, loss of licenses, and orders to repay all outstanding support.
As you can see, the penalties for missed child support can be incredibly harsh. That is why, if you are facing criminal charges as a result, working with the team at the Miller Law Practice, LLC is in your best interest. We will examine the circumstances of your case to help you fight for the best possible outcome. Contact us today to learn how we can assist you.