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 Georgia Question and Answer Handbook for Custodial Parents: A question and answer resource on paternity establishment and child support (2005) by Scott Sussman
Table of Contents The Top Ten Things You Should Know About The Georgia Child Support System Questions Surrounding: Paternity Establishment
Child Support
Child Support and Parenting Time
Health Insurance Introduction This handbook is based
on Georgia law. It was written on January 3, 2005, and does not
reflect any changes in the law since that date. Legal Services Many people hire a lawyer for the
matters discussed in this handbook. But many parents cannot afford
such help. This handbook gives information for low-income custodial
parents and the people trying to help them. This handbook
does not replace a lawyer for your legal problems.
It also has a packet available for Custody/Visitation after
Legitimation but only at the Justice Center and not available
on their website. The Top Ten Things You Should Know About The Minnesota Child Support System
Paternity Establishment What does the word “paternity” mean? In Georgia, paternity means fatherhood with respect to the legal duties of a father. When a mother gives birth to a child she is almost always the legal mother of that child. She has rights and duties to the child as the child’s mother. It is different for a father who was not married to the mother. Georgia does not give him any rights or duties to the child as the child’s father. For him to have these duties his paternity must be established. For him to have any legal rights with respect to the child he must legitimate the child. (See next question.) What does the word “legitimate” mean? Legitimate is a legal concept that involves the steps necessary for a man to have some of a father’s rights, such as court-ordered custody. What is the difference between legal and physical custody? Legal custody involves the right to make major decisions for a child, such as education, health care, and religion decisions. Determinations about physical custody relate to where the child lives. Who has a legal right to custody of the child? When a child is born to unmarried parents, the mother has sole custody. If a father wants a different custody arrangement, he must go to court. To get a custody arrangement the father must first legitimate the child. To do this he must give the court (file) a legal document known as a “petition.” This petition will ask the court to legitimate his relationship with the child. As part of the legitimation hearing, the father may ask for an order to spend time with the child. You may prevent this. You need to make sure that the court knows that you object to him having visitation or custody. If you do this, the court should not address these issues during the legitimation hearing. Yet after the court legitimates the child, the father may file another court action. In this action he may ask for custody or visitation. The court is supposed to then decide these issues based on the best interest of the child. How can I establish the paternity of my child? If you were never married to the father, there are two primary ways to establish paternity. The two most common ways for unmarried parents to establish paternity are:
How can I legitimate my child? Only a father has the power to legitimate his child. If you establish paternity through signing a Voluntary Acknowledgment of Paternity form, he will need to start a court action to legitimate the child. If you establish paternity through a court action, it is possible that the child can be legitimated as part of that action. If you wish for this to happen you should ask the father to make sure that he asks the court to legitimate the child. Can I sign a form to establish the paternity of my child? Yes. The form is called a Voluntary Acknowledgment of Paternity. If you are absolutely sure who the father is, and he agrees, you can both sign and file this form. While the baby is in the hospital, you and the father, if he is present, may do this. You may also do this later. After signing this form, you will not be owed court-ordered child support. If you want court-ordered support, you will need to get a court order. If you are receiving certain forms of government assistance, the child support enforcement agency may start a court action for child support and other forms of assistance from the father. I applied for government cash assistance. Will I have to help the government to establish paternity? Yes. If you apply for government cash assistance, one requirement is that you must cooperate with the government to establish the paternity of your child. Otherwise you will not be eligible for government assistance. There is one situation in which you will not be required to cooperate. (See the next question for this situation.) I applied for or am receiving government assistance. Do I always have to tell the agency all I know about my child’s father to establish the paternity of my child (see previous question)? Generally, yes. However, you can get what is called a good cause exemption not to cooperate. This good cause exemption is available if you can show that:
I worry that my partner may cause me physical or emotional harm if I seek child support from him or attempt to establish paternity. Is there anything the child support agency can do so that he does not have access to information about where I live? Yes. On the application for child support there is a place for you to indicate that the father has caused you physical or emotional harm. It is important that you check the box to indicate that he has done this in the past. If you have not applied for child support services, it is important that you make sure the child support lawyer knows about your concerns. I want to establish the paternity of my child but the father will not sign the Voluntary Acknowledgment of Paternity form. What services are available to establish paternity without using the form? You may apply for child support services to establish the paternity of your child. The cost for this application is $25. If you have received Temporary Assistance to Needy Families (welfare) or government medical assistance, you will not have to pay this cost and the child support agency will likely start the paternity action. It is important to remember that the child support lawyer does not represent your interest or the father’s interest. Instead the child support lawyer represents the interest of the child support agency. How important is a genetic test (DNA test) in paternity cases? If the genetic test shows a 97 percent or higher chance that the man is the father, he will most likely be declared the father. If the genetic test shows that he is not the father, it is extremely likely he will not be declared the father. Thus, if a genetic test is taken, the genetic test will most likely determine the ruling as to whether he is the father. Who pays for the genetic test (DNA test) in a paternity case? Initially, if a child support enforcement agency is involved in the case, the government pays for the genetic test. If the alleged father is found to be the father, he may be ordered to pay the government back for the cost of the test. If the alleged father is found not to be the father, he will not be ordered to pay the government back for the cost of the test. Does the child support lawyer represent me? No. The child support lawyer does
not represent you or the father; he or she represents the interest
of the child support agency. Child Support How do I apply for child support enforcement services? If you have never received any public assistance, you may apply for child support services at your county child support agency. There is generally a $25 application fee for these services. Another option, if possible, is to seek the assistance of a family law lawyer to represent your interest in any child support or family law matter. If you are receiving public assistance, your case will automatically be referred to the child support agency. You will not have to pay the $25 application fee. If you are able, it is advisable to seek the assistance of a family law lawyer to represent your interest in any child support or family law matter. It is important to remember that the child support lawyer does not represent your interest or the interest of the father. Instead the child support lawyer represents the interest of the child support agency. Can the child support lawyer act as my lawyer on custody or visitation matters? No. How much does it cost to apply for child support enforcement services? The fee for applying for child support enforcement services is $25. You will not have to pay this fee if you receive Temporary Assistance to Needy Families or government medical assistance. Does the child support attorney or agency represent me? The child support enforcement lawyer does not represent you or the father; he or she represents the interest of the child support agency. How does the court decide how much child support the father owes? The support amount is generally based on a percentage of the father’s income. The percentage of his income that he pays is based on how many children:
Even if the father has very low income or no income at all, he probably still will owe child support. This will happen if a court believes he could make more money. The court will base his child support on an amount that it believes he could make. Does the court have to follow the guidelines? (See previous question.) No. A court can order a higher or lower amount of child support than the guideline amount. To do this the court must believe that the guideline amount is unjust or not right in your case. The court will then look at 18 factors to determine if the guideline amount is too much or not enough. How much of the child support that the father pays will I receive? If you have never received any government assistance, you should get all the child support that the non-custodial parent pays. If you receive certain forms of government assistance, when the father pays child support some if not all of it will go to reimburse the government. How much you get is determined based on a complicated formula. I applied for government cash assistance. Will I have to help the government in child support matters? Yes. If you apply for government cash assistance, one requirement is that you must cooperate with the government in child support matters. Otherwise you will not be eligible for government assistance. There is one situation in which you will not be required to cooperate. (See the next question for this situation. I applied for or am receiving government assistance. Do I always have to tell the agency all I know about my child’s father in child support matters (see previous question)? Generally, yes. However, you can get what is called a good cause exemption not to cooperate. This good cause exemption is available if you can show that:
I worry that my partner may cause me physical or emotional harm if I seek child support from him or attempt to establish paternity. Is there anything the child support agency can do so that he does not have access to information about where I live? Yes. On the application for child support there is a place for you to indicate that the father has caused you physical or emotional harm. It is important that you check the box to indicate that he has done this in the past. If you have not applied for child support services, it is important to make sure the child support worker, child support representative, and/or child support lawyer knows about your concerns. How can I increase my child support order? You can ask for an increase in your child support order in two ways. The first way is to request a hearing to increase child support. You will need to give the court (file) a legal document known as a “petition” that asks for an increase. The Family Law Information Center has a packet that can help you with this process. This packet is called Child Support Modification; information about how to contact the Center is available at the beginning of this handbook. The court will grant this petition if the judge believes there has been a major (substantial) change in either parent’s financial situation or in the needs of the child. The second way is to ask your child support worker in writing for a review of the child support order. If you ask for a review, you should make sure that follow-up happens on your request. (See next question.) How can I get a change in my child support order without going to court? You may ask the child support agency to review and recommend a change to your child support order. You need to ask for this change in writing. Your written request should ask for a review of your child support order. The agency may not grant this request if it believes that this request is not in the best interest of the child. After they have completed their review, they should send notices to the father and you by mail. These notices will either inform you that they have proposed a change in your child support order or that they have determined that there should not be a change. If they believe there should be a change, they may ask for an increase or decrease of your child support order. Whether the child support agency seeks to change your child support order is based on how long it has been since a court or the child support agency dealt with (issued or reviewed) your order. The important thing is whether it has been three years since the court or child support agency dealt with your order. If it has been less than three years since the court or child support agency dealt with your order, you will have to show that there has been a substantial change in circumstances. If it has been longer than three years, the agency will seek to change your order if there is a major difference between what the father is paying and what he would pay if the guideline were applied to his new income.. How old does a child have to be for a parent to stop paying child support? Child support generally continues until the child
reaches 18. If the child marries, dies, or becomes self-sufficient,
then a parent may not have to pay child support until the child
is 18. I am about to move or have moved. Should I tell the child support agency about this? Yes. If you have a child support order, you should tell the child support agency whenever you move to a new address. Generally, the child support order requires you to do this within ten days. Yet if you have moved and not done this you should do it as soon as possible. If you do not tell the child support agency of your new address, the agency may send important notices to your old address. In addition, it may make it more difficult for you to receive the child support when the non-custodial parent has paid it. What are some possible penalties that the father faces for not paying child support? Many penalties may be applied to him for not paying child support. Some of these penalties include:
Can they put him in prison for not paying child support? Yes. A court may put him in prison for not paying child support or have him pay an additional fine. Can he lower his child support order because he is in prison? No. By Georgia law, the fact that he is in prison is not a reason to lower his child support order.
How does the father not paying his child support impact his right to see the child? By law, the court treats child support and parenting time as two separate issues. His not paying child support should not affect parenting time with your child. When a court determines parenting time, it should only be concerned with the best interests of the child. His not paying child support is not a legally valid reason to deny or restrict his parenting time. Does he still have to pay child support if I do not allow him to see the child? By law, child support and parenting time are two
separate issues. He must pay court-ordered child support whether
or not he sees the child. However, even if he is not currently paying
his child support, he may go to court and ask for a specific parenting
time schedule.
Will the child support order include health insurance? It depends on whether either parent has insurance available at a reasonable cost from his or her employer or other group health provider. If insurance is available to the custodial parent at a reasonable cost, then the child will be covered under that insurance. The non-custodial parent should be ordered to pay for some of the cost of this insurance. If this insurance does not cover some medical expenses, the non-custodial parent may be ordered to pay some of these. If the custodial parent does not have insurance, the father’s insurance may cover the child. Yet the father only covers the child if the insurance is available at a reasonable cost from his employer or other group health provider. If neither parent has access to insurance at a reasonable cost, the father shall be ordered to cover the child when he can do this at a reasonable cost.
The Ford Foundation, Annie E. Casey
Foundation, and Public Welfare Foundation generously provided support
for this handbook. |
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