Legal Question in Family Law in Georgia

Failure to pay child support can be met with a contempt action, which is a civil matter. While a Judge can put you in jail for contempt of court, no probation is involved. In some cases, you can be charged with abandonment for failure to pay child support, which would be a criminal case and could result in incarceration or probation if you are found guilty.

Probation is for criminal matters. If a custodial parent requests an abandonment warrant for failure to provide support for over 30 days, that is criminal matter. This can be done whether or not there is a child support order in place. If there is a child support order in place and a contempt action is filed, you can be arrested. In that event, it is civil and no probation.