Child support is always an issue of contention for couples who are separated and have kids together. Some fathers are not always in their children’s lives for various reasons. Some may not have known about their children’s existences, or some did not have the financial capabilities to provide financial assistance to their children. Nonetheless, the mothers may ask those fathers to pay back child support once the father can afford to do so.

The million-dollar question is whether these fathers are legally obligated to pay back child support.

The Law in Georgia

Technically, fathers in Georgia do not need to pay back child support. Georgia does not have a law to enforce fathers who were in financial hardship to pay back child support. Georgia only have a proactive law where the court can order the fathers to pay future child support as of the date of the court order.

However, since the purpose of child support is to enhance the well being of a child, Georgia does have a "past due expenditures" law. This law dictates that the father may be responsible for costs incurred during and post- pregnancy.

Can I Modify My Child Support Payments?

Yes, but only if one of the parents have a 25% change in their income. For example, if the custodial parent lost her job, then she can file a court order to ask for an increase in child support from the noncustodial parent.

Consulting a Family Law Attorney

If you have concerns about your child support payments, please consult a Georgia attorney. An attorney can help you get more child support or reduce your child support obligations. If your expenses are miscalculated, the court may enter an order with unfair amounts.