Child Support

Noncustodial parent unsuccessful in vacating 8-year-old child-support order

Judge Kennedy

November 29, 2023

A Judge denied a noncustodial parent’s untimely motion to vacate a default child-support order entered against him by this Court more than eight years prior. Because the parent conceded he... Read More

Wrongfully accelerated arrears repayments lead to reversal of driver’s license suspension

Judge Fry

May 8, 2023

In this case, the Court reversed Child Support Services’ suspension of a support obligor’s driver’s license because the agency had wrongfully accelerated the obligor’s arrears repayments without a court order. ... Read More

Agency action required before Administrative Court can hear child support enforcement case

Judge Malihi

September 23, 2022

The Court dismissed the appeal of an individual seeking to challenge the amount of his purported child support arrears, as calculated by the state’s Division of Child Support Services (DCSS). ... Read More

Refund attributable to child tax credit cannot be shielded from paying off child support arrears

Judge Schroer

September 9, 2021

This case involved Child Support Services’ interception of a father’s 2020 federal income tax refund to offset his child support arrears. Judge Schroer affirmed the agency’s action, having rejected the... Read More

In light of ample 401(k) funds, parent is denied request for child support reduction

Judge Woodard

August 25, 2021

A parent’s requested reduction of his existing child support payment was denied by Judge Woodard, on the grounds that the parent had access to sufficient funds in his existing 401(k). Read More

CSS authorized to intercept one type of stimulus payment, but not other types

Judge Woodard

August 2, 2021

Judge Woodard affirmed Child Support Services’ interception of a CARES Act stimulus payment for the Petitioner, who owed child support arrears. However, the Judge agreed with the Petitioner that interception... Read More

Intercept of Tax Refund Affirmed

Judge Schroer

April 30, 2021

Petitioner argued that the portion of his refund in the form of a partial credit attributable to a dependent daughter living with him should be exempt from intercept. The agency’s... Read More

Texas income deduction order did not preclude Georgia’s interception of obligor’s tax refund.

Judge Brown

August 24, 2017

The Department of Human Services, Division of Child Support Services (CSS), was authorized to intercept a child support obligor’s tax refund, notwithstanding the existence of an income deduction order in... Read More

Records authored by child support obligor are insufficient evidence of payment.

Judge Walker-Russell

June 1, 2016

Copies of receipts written by a child support obligor to herself could not serve to corroborate her testimony that she made timely payments of child support. Read More

Child Support Services appropriately seized bonus pay from child support obligor.

Judge Teate

February 14, 2014

The Division of Child Support Services (CSS) of the Department of Human Services acted within its authority when it seized bonus pay from a delinquent child support obligor. At the... Read More

Failure to pay child support justifies suspension of licenses.

Judge Woodard

December 23, 2013

The Division of Child Support Services (CSS) may suspend Petitioner’s licenses, including his state-issued driver’s license, for failure to pay child support.  Petitioner has not voluntarily paid child support since... Read More

Voluntary payments do not reduce child support arrearage payment rate.

Judge Woodard

December 3, 2013

Petitioner’s child support arrearage repayment rate was not impacted by his voluntary support payments for his other children in the absence of a formal child support order for them. Read More

Delinquent child support obligor’s license suspended for failure to adhere to the terms of a prior order.

Judge Walker

October 9, 2013

Petitioner’s license was suspended after he failed to adhere to the terms of a February 2013 order that allowed him to keep his license if he made two purge payments... Read More

Delinquent child support obligors tax return offset by child support arrearages.

Judge Brown

October 2, 2013

Although two children were no longer subject to the original order, any modifications must be made by the superior court that issued the original child support order. Read More

To avoid license suspension Petitioner must make child support payments and participate in Fatherhood Program.

Judge Walker

September 25, 2013

Child Support Services (CSS) may suspend Petitioner’s license unless he (1) makes two immediate payments toward his child support arrears, (2) continues to make timely child support and arrears payments... Read More

Delinquent child support obligor may retain license if he makes immediate payment on arrears and timely payments thereafter.

Judge Walker

September 17, 2013

Petitioner may retain his license if he makes an immediate payment toward his arrears and makes timely payments thereafter. Read More

Father delinquent on child support payments avoids license suspension by making period arrears payments.

Judge Walker

September 17, 2013

In order to avoid the suspension of his license, a delinquent child support obligor was required to make three separate arrears payments of $1000.00 each, as well as continue to... Read More

Existing child support order can be modified by Superior Court only.

Judge Woodard

August 9, 2013

A father was obligated to continue making child support payments even after the child moved into his home, because a preexisting superior court child support order had not been modified.... Read More

License suspension reversed in light of financial inability to pay child support.

Judge Kennedy

August 6, 2013

The action to revoke Petitioner’s license for child support arrears was reversed in consideration of Petitioner’s decline in income and history of timely payments. Read More

Delinquent child support obligor permitted passport.

Judge Baxter

June 11, 2013

While Federal regulations prohibit the issuance of a passport to an applicant who is in arrears on child support obligations by more than $2,500, there is an exemption where the... Read More