Legal Question in Family Law in Georgia
I am a mother of a child that is less than one year old in the state of Georgia. Because my son is so small, and I have no one to watch him, nor the money to pay for child care, I am currently unable to work. His father and I are not married and recently broke up. His father has a job, where he essentially makes nothing, because he does not always work. His monthly income is probably less than $200.00 a month. My question is, are there child support minimums in the state of Georgia? I really don't want to go through the hassle of filing for child support if all my son will receive is something like $36.00 a month. Can he be made to pay a weekly minimum? Thank you in advance!
2 Answers from Attorneys
Under the Georgia child support guidelines, as a general rule, support cannot be below $75 a month regardless of income. Additionally, a court can impute income if they think he is deliberately underemployed which could mean they may set it higher. Since the state will do most of the work for you and it's free, file with the state child support office. They will also do periodic reviews that may increase support in the future.
Some Judges will not accept anything below $200. Just depends on your jurisdiction. You need to immediately contact the Child Support Enforcement office in your county and start the paperwork to obtain support. You may also want to look into State subsidized child care programs which would allow you to return to work. If the father goes for more than 30 days without providing support, you also have the option to make an application for an abandonment warrant.
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