Child Support Is Illegal: Myth or Reality in Georgia?

On social media and in casual conversations, it’s common to hear phrases like “child support is illegal if there’s no agreement” or “I’m not obligated to pay if I don’t have visitation rights.” But how true are these statements? Can child support actually be considered illegal in any case? In this article, we explain how child support law works in Georgia, when it is mandatory, who determines it, and why the idea that child support is illegal is a myth that can lead to serious legal consequences if believed.

What does “child support is illegal” really mean?

The phrase “child support is illegal” is often misused to justify nonpayment or to avoid financial obligations. However, in Georgia, child support is a right of the child, not the parents. This means it is non-negotiable and cannot be ignored under any circumstance. According to family law in Georgia, every parent is legally required to contribute financially to the well-being of their child, regardless of whether they live with the child or have frequent contact. Therefore, claiming that child support is illegal is simply false.

In what situations is child support mistakenly believed to be illegal?

• “I don’t have to pay if I don’t have visitation.” – False. Even if you don’t have a visitation schedule, child support is still mandatory.
• “She earns more than I do.” – False. Child support is based on income, number of children, and other factors.
• “I didn’t sign anything.” – False. A judge can establish paternity without the need for signed agreements.

These false beliefs have fueled the myth that child support is illegal, which can lead to serious legal consequences.

What does Georgia law say about child support?

Georgia law establishes that the amount of child support must be determined using a formula that takes into account:

• The income of both parents
• Number of children
• Medical and educational expenses
• Special costs (such as disabilities)

Once a court order is issued, failing to pay is considered contempt of court. In other words, anyone who claims that child support is illegal and uses that as an excuse not to comply can face legal penalties.

Consequences for Not Paying Child Support

Failing to pay child support in Georgia can lead to the following consequences:

• Wage garnishment
• Driver’s license suspension
• Tax refund interception
• Jail time for contempt of court

Far from child support being illegal, what is truly illegal is failing to pay it.

Can child support amounts be modified?

Yes. If your situation changes (job loss, new children, illness), you can request a modification. However, until a new court order is issued, you must continue paying the current amount.

Frequently Asked Questions About Child Support

Can I stop paying if I’m not allowed to see my child?

No. Visitation and child support are separate legal processes.

Can I be arrested for not paying?

Yes. Disobeying a court order can lead to jail time.

Can the mother waive child support?

No. Child support is a right of the child. Only a judge can modify this obligation.

Do you need legal help with child support?

At Pineres Law, we help you understand your rights, resolve disputes, and meet your responsibilities under Georgia family law. Don’t fall into the trap of believing that child support is illegal. Schedule your legal consultation today and protect your future and your children’s.