Best Child Support Lawyers in Marietta

About Child Support Law in Marietta, United States

Child support law in Marietta, Georgia, is designed to ensure the well-being of children whose parents are separated or divorced. The purpose of child support is to provide financial assistance to the custodial parent for the costs associated with raising a child. Georgia adheres to state guidelines for calculating child support, and these laws apply in Marietta as part of Cobb County. Child support orders are typically issued by family courts and can address monthly payments, health insurance, and other essential needs of the child.

Why You May Need a Lawyer

There are several situations where someone in Marietta may need legal help with child support matters. Common scenarios include:

• Determining or modifying child support payments
• Enforcing an existing child support order if one parent fails to pay
• Addressing disagreements regarding the amount or duration of support
• Navigating cases involving interstate child support when parents live in different states
• Ensuring all necessary expenses, such as healthcare and education, are included
• Calculating income for self-employed or variable-income parents
• Handling complex situations involving high assets or multiple children

A qualified family law attorney can guide you through these processes, protect your rights, and help ensure the best outcome for your child.

Local Laws Overview

In Marietta, Georgia, child support laws are governed primarily by the Georgia Child Support Guidelines found in the Official Code of Georgia Annotated (O.C.G.A). Some key local aspects include:

• Income Shares Model: Georgia uses the income shares model to calculate child support, considering both parents' incomes.
• Deviation Factors: Judges may deviate from the standard calculation for factors such as special needs, parenting time adjustments, or extraordinary expenses.
• Health Insurance and Child Care: Mandatory inclusion of health insurance and work-related child care costs in the child support calculation.
• Child Support Modification: Either parent can petition to modify an order if there is a substantial change in income or needs.
• Enforcement Tools: The state can use wage garnishment, tax refund interception, license suspension, and contempt proceedings to enforce orders.
• Termination of Support: Child support generally ends when the child turns 18 or graduates high school, whichever comes later, but never beyond age 20.

Frequently Asked Questions

What is child support and who is required to pay it?

Child support is a financial payment made by the noncustodial parent to the custodial parent to help cover the living expenses of their minor child. Both parents are legally responsible for supporting their child, but payments are usually made by the parent who does not have primary physical custody.

How is the amount of child support determined in Marietta?

The amount is calculated using Georgia's Child Support Guidelines, which consider both parents' gross incomes, the number of children, health insurance costs, and other necessary expenses. The court may adjust the standard amount based on case-specific factors.

Can child support be changed after it is set?

Yes. Either parent can request a modification if there is a significant change in circumstances, such as a change in income, job loss, or increased needs of the child. A court must approve any modification before it becomes effective.

What happens if the parent ordered to pay does not make payments?

If the payer falls behind on payments, enforcement actions can be taken, including wage garnishment, interception of tax refunds, suspension of licenses, and even potential jail time for contempt of court.

Is health insurance required as part of child support?

Yes. Georgia law requires that health insurance coverage for the child be included in the child support order if it is reasonably available at a reasonable cost.

Does child support cover college or post-secondary education expenses?

No. In Georgia, child support typically ends at 18 or high school graduation, and the law does not require parents to pay for college unless specifically agreed to in a divorce settlement or court order.

What should I do if I am not receiving child support that has been ordered?

You can contact the Georgia Division of Child Support Services or consult a family law attorney to help enforce the child support order. Legal remedies are available to recover unpaid amounts.

Can child support be agreed upon privately between parents?

Parents can agree on a support amount, but the court must review and approve it to ensure it meets state guidelines and is in the child's best interests.

What if the paying parent's income is difficult to predict or varies widely?

The court will review past earnings, earning potential, and other sources of income to arrive at a fair child support amount. An attorney can assist in presenting accurate income information.

Is there a statute of limitations on collecting past-due child support?

In Georgia, there is no statute of limitations for collecting past-due child support. Payments owed remain enforceable until paid in full.

Additional Resources

If you need help with child support matters in Marietta, consider these local and state resources:

• Georgia Division of Child Support Services (DCSS): Administers and enforces child support orders and provides services for locating parents and establishing paternity.
• Cobb County Superior Court Family Division: Handles filings, hearings, and enforcement for child support cases in Marietta.
• Legal Aid Atlanta: Offers free or low-cost legal assistance to eligible individuals facing child support issues.
• Self-Help Centers: Provide forms, instructions, and support for those representing themselves in family law matters.

Next Steps

If you need legal help with a child support issue in Marietta, start by gathering all relevant documents, such as court orders, income statements, and communication records. You may contact the Georgia Division of Child Support Services for administrative assistance, or consult with a local family law attorney to review your situation and discuss your options. Attorneys can provide representation, help revise orders, and ensure your rights and your child’s interests are protected throughout the process.