It would seem that child support is based on an obvious principle: it is the child's biological father who is the one to pays child support. However, mothers go to DCSS (Division of Child Support Services) offices on a daily basis to establish child support against a Defendant who may or may not be the father at all. This is sometimes due to a mother mistaking or misleading who the biological father is and sometimes this is due to the error of Child Support Services.
The State of Georgia has specific guidelines to determine child support and until January 1, 2007, child support calculation was based solely upon the income of the non-custodial parent. When the law changed on January 1st, Georgia moved to an “income shares” model for calculating child support. The income shares model offers the perception of fairness, reflect actual expenditures on families, and complies with the new federal rules on health care.
Issues of custody are always difficult, both for the parents and the children involved. What can make these disputes even more stressful is when the non-custodial parent cannot afford to make child support payments. In these tough economic times, an increasing number of parents fall into the “unable to pay” category, as opposed to willfully denying to make their scheduled payments. Failing to make child support payments on time can lead to charges of contempt, which in turn can lead to jail time. It often falls on the non-custodial parent’s shoulders to prove he or she is not unwilling to pay, but rather unable.
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