Preparing to Seek Child Support
Decide if you will seek the assistance of the Georgia Division of Child Support Services (DCSS), or engage a private attorney. Georgia has a robust and effective program that partners with the federal government to establish and enforce child support for custodial parents. If you choose to go with a private attorney, you will be guided through roughly the same steps in court. You will need a private attorney if you need to file for divorce, establish custody, or enforce non-child-support related financial awards such as property settlements or debt payment. DCSS is for child support only. The federal child support program started in 1975 to seek reimbursement of public benefits and to help prevent single parents from sliding further into poverty. It was revamped and expanded in 1996 to assist states in setting up and running effective programs. Federal, state, and tribal child support enforcement programs, including Georgia's, have several goals. The first is to establish legal parentage for all children in the program. Next, the agency obtains court orders defining the right of the child to consistent financial support from both parents. These programs work together to ensure that current and overdue support will be collected to the fullest extent allowed by law. Any child under the age of 18 or up to the age of 20 if still enrolled in high school is eligible to receive support.
Meet the Georgia residency requirements. In order to establish or enforce a child support order in Georgia, either you or the non-custodial parent must reside in Georgia. There is no minimum time you have to live in the state to qualify for DCSS services, but you have to have been there long enough to have established a legal presence such as a driver's license, state-issued ID, voter registration, or utility bills in your name.
Gather your documents. As the custodial parent or legal custodian of the child, you must provide either a valid state ID, passport, Social Security card or proof of legal immigration residency, commonly called a "green card." For child support calculations, DCSS will need income information. For the children you will need birth certificates, Social Security cards, proof of school enrollment, and copies of any court orders regarding the children. This includes divorce, adoption, guardianship, custody, and child support orders from other states.
Prepare to pay the application fee. If you hire a private attorney, you will pay the attorney as you agreed in the contract and may be required to pay fees to file a direct child support case. If you go through DCSS, the application fee is currently $25. That fee is non-refundable and can only be waived if you are receiving Temporary Aid to Needy Families (TANF).
Applying for Child Support with DCSS
Apply for child support services. You have three options to open a child support case through Georgia DCSS. You can call 1-844-694-2347 to make an appointment to file in person. Second, you can download and print the application to complete and submit by mail. To download the application package, you will need to be at a computer that can open files in Microsoft Word .doc format. You will also need to be able to print 15 to 30 pages. DCSS also has an interactive application that you can file and submit online. The online application and downloadable package are both available in English only. If you have any difficulty reading and writing in English, contact DCSS by phone to set up an in-person appointment.
Select the correct application. Generally, there are three different applications. You need to select the one that most closely matches your situation. There is an application if there is no previous child support order, if there is an order and the other parent lives in Georgia, and if there is an order and the other parent does not live in Georgia. If you download the application, you can either type directly into the form, or print it and complete it neatly in black ink. Once completed, you will need to sign it in front of a notary in blue ink to indicate that it is the original. If you use the online system, you will be directed to the correct application via a series of questions about your situation.
Complete the first part of the application. The first section is a detailed list of your rights and responsibilities. It is critical that you understand this part of the application. Read it thoroughly before you sign. Even though your case may be assigned to a DCSS attorney for review or enforcement, there is no attorney-client relationship. The agency attorney represents the state, not you. However, the attorney is bound by confidentiality as to matters contained in your file, including medical and legal information. If you receive TANF, you will be assigning the rights to your child support to the state as reimbursement for your TANF benefits. The state will be establishing legal parentage for your children by any means necessary, including genetic testing. If required, you will submit yourself and the children to saliva testing through cheek swabs or a blood sample. If you change your mind during the establishment of the order and close your case, you may be liable for costs incurred by DCSS on your behalf.
Complete the financial affidavit. The second part of the application package is a detailed financial statement. You must detail your income and expenses. DCSS may require proof of your statements.
Provide information about the child's parentage. In this section you will give all the information you have about the biological or legal parents of the child. The more complete this section is, the quicker DCSS will be able to establish the payment obligation of the non-custodial parent. In cases of in vitro fertilization with donated egg or sperm cells, or use of a pregnancy surrogate, you will need to have all of the documentation regarding the procedure. In these cases, you should apply for child support through an in-person appointment.
Establish a payment method. The final section sets up a payment method. The state does not issue checks or pay out cash. You can either opt for a direct deposit to your bank account or a pre-paid debit card through the "EPPIcard" program.
Processing Your Application
Locate the non-custodial parent. No child support orders can be entered or enforced until the other parent is served with notice of the court order. If you know the other parent's location, you must supply that information to DCSS. That state has other resources, but you are the best source of knowledge about the non-custodial parent. Like all legal cases, the court cannot proceed until the other party is served with the documents. If you or the state cannot locate the child's other parent, the case will stay dormant. However, the state has access to government databases for employment, Social Security benefits, insurance pay-outs, and awards in lawsuits. If the other party shows up in one of these systems, then the case will be reactivated.
Establish parentage for the children. There are several ways to do this. The first is through the birth certificate. If you and the non-custodial parent are listed, then it will be assumed to be accurate. The second is through adoption records. If you are both shown as the legal adoptive parents via a signed and filed court order, then it will suffice for establishing legal parentage. If parentage is unclear or contested, then the state may require genetic testing. Your application will include a HIPAA Authorization and Privacy Notice that must be signed stating you understand this requirement.
Prepare and file a child support order. This step will be done by the state. Based on the information you supplied in your application, DCSS will calculate the estimated child support amount based on your income and information you can supply about the other parent. If no information is available, the calculator will assume the other party makes minimum wage. DCSS will attempt to serve the orders on the other parent. This can be the most frustrating part of the procedure. If your ex-partner is evading service, keep in contact with DCSS and provide them with any information that comes to you personally or through friends and family. Once the order is served, the case will be scheduled for a court hearing. Ask DCSS if you need to attend. Depending on whether the other party appears, the court will issue the child support order. The other parent can appear in court and contest parentage, necessitating genetic testing, or the dollar amount, by providing documents that correct or contradict the information used to calculate the support order.
Receiving and Enforcing Child Support
Receive payment through an income withholding order. If the other parent is employed, the court will order that the state issue an income-withholding order. This order will be sent to the employer who will begin to garnish child support from the paycheck and send it to the state. In general, the amount taken out of the paycheck will be the lesser of the child support amount or 50 to 65 percent of the disposable income. Disposable income is defined as gross pay minus deductions for taxes, FICA, and mandatory pension contributions. If the maximum withholding does not cover the child support obligation, the balance will accrue as past due support.
Receive support through direct payments. All payments made by the non-custodial parent will go to the state and be disbursed either to your bank account or your debit card. You will not have to deal with the non-custodial parent regarding child support.
Enforce your support order. If the non-custodial parent falls behind in child support, DCSS will step in and file contempt charges. This is an advantage of working with DCSS. The agency has broad powers to summon the payor into court and can request arrest warrants for non-appearance and non-compliance.
Request review your child support order. Your child support orders can last for decades depending on the age of your children. DCSS offers a review service to see if the order should be modified to take new circumstances into consideration. The agency will look for a substantial change in circumstances such as, significant changes in the income of either party, disability, death of a child, child reaching age of majority, and unexpected windfalls such as lottery winnings or inheritance. If you have an existing child support order from your divorce or custody action, you can apply to DCSS to have the order reviewed. You may be charged a $100 fee for this action.
Terminate the child support order. When the child turns 18 and has graduated high school, the non-custodial parent can apply to DCSS to terminate child support. If there is a past-due amount (called "arrears"), payments will continue until the balance is paid in full. If a divorce or custody order states that child support will continue beyond the DCSS standards, then the agency will continue to collect unless the court order is fulfilled or modified.
Contact DCSS customer service. The state of Georgia has a telephone customer service hotline for both payers and payees. Information such as debit card balance, arrears balances, court dates, and case history. You can use the automated system or speak with an agent. There is also an online portal where you can manage your account online.
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