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Back Child Support in Georgia: What You Need to Know (2026 Guide)

By Antonio G. Jimenez, Esq.Georgia14 min read

At a Glance

Residency requirement:
You or your spouse must have been a bona fide resident of Georgia for at least six months immediately before filing the divorce petition, as required by O.C.G.A. § 19-5-2. Military members who have lived on a U.S. military installation in Georgia for one year may also file. The divorce is typically filed in the county where the respondent resides.
Filing fee:
$200–$250
Waiting period:
Georgia uses the Income Shares Model under O.C.G.A. § 19-6-15 to calculate child support. Both parents' gross monthly incomes are combined and matched to a statutory table to find a basic support obligation, which is then prorated based on each parent's share of the combined income. Adjustments are made for health insurance, childcare costs, and parenting time.

As of June 2026. Reviewed every 3 months. Verify with your local clerk's office.

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Back child support in Georgia accrues simple interest at 7% per year under O.C.G.A. § 7-4-12.1, and adjudicated arrears never expire because Georgia imposes no statute of limitations on child support judgments entered after July 1, 1997. A parent who owes child support debt in Georgia faces wage garnishment, driver's and professional license suspension after 60 days of delinquency, tax refund interception, federal passport denial at $2,500 in arrears, and contempt of court carrying possible jail time. This guide explains how past due child support is calculated, enforced, and collected across Georgia's 159 counties.

Key Facts: Back Child Support in Georgia

FactorGeorgia Rule (2026)
Interest on arrears7% simple interest per year (O.C.G.A. § 7-4-12.1)
Statute of limitationsNone for orders after July 1, 1997 (O.C.G.A. § 9-12-60)
License suspension trigger60 days delinquent (O.C.G.A. § 19-6-28.1)
Federal passport denial$2,500 in arrears
Tax offset threshold$150 federal / $500 state
Contempt filing fee$200-$400 (Superior Court)
DCSS modification fee$100 (waivable)
Enforcement agencyDivision of Child Support Services (DCSS)

What Is Back Child Support in Georgia?

Back child support in Georgia is the unpaid balance of court-ordered child support that has accrued because a non-custodial parent missed or underpaid scheduled payments. Each missed payment becomes a vested money judgment the moment it comes due under O.C.G.A. § 19-6-17, meaning the custodial parent automatically holds an enforceable debt without returning to court for a new ruling.

Georgia distinguishes between two categories of unpaid support. The first is arrears, which is past due child support owed under an existing order. The second is retroactive support, which a court may award back to the date a paternity or support petition was filed, or in some cases back to the child's birth. Adjudicated arrears accrue 7% simple interest annually under O.C.G.A. § 7-4-12.1, while retroactive support generally does not carry interest until it is reduced to a specific judgment amount. Understanding which category applies determines how much child support debt actually grows over time and which enforcement tools the Division of Child Support Services can deploy against the obligor.

How Much Interest Accrues on Past Due Child Support?

Past due child support in Georgia accrues simple interest at 7% per year, beginning 30 days after each payment's due date, under O.C.G.A. § 7-4-12.1. This 7% rate replaced the prior 12% non-discretionary rate during the 2006 legislative session. Interest is calculated on the principal balance only, not compounded, so a $10,000 arrearage generates roughly $700 in interest during its first year.

The interest accrues automatically by operation of law, so a custodial parent does not need to request it separately, though the exact amount must be calculated and presented when arrears are reduced to a written judgment. Because Georgia treats each missed installment as a separate vested judgment, interest begins running on each unpaid payment individually rather than on the lump-sum total. Over a decade of nonpayment, accumulated interest on substantial child support debt can add tens of thousands of dollars to the original obligation. For example, $25,000 in unpaid principal left outstanding for ten years would accrue approximately $17,500 in simple interest, bringing the total owed to roughly $42,500 before any payments or credits are applied.

Is There a Statute of Limitations on Back Child Support in Georgia?

There is no statute of limitations on back child support in Georgia for orders issued on or after July 1, 1997, under O.C.G.A. § 9-12-60. Child support judgments never become dormant and never expire, which means a parent who owes child support arrears remains legally liable for the full balance plus 7% interest indefinitely, even decades after the children reach adulthood.

This permanence is one of the most consequential features of Georgia child support debt. Unlike most civil judgments, which become dormant after seven years and must be renewed under the general dormancy statute, child support obligations are statutorily exempt from that limitation. A custodial parent, or an adult child in certain circumstances, can pursue collection of past due child support long after the support order's term has ended. The obligation also survives the obligor's relocation to another state because the Uniform Interstate Family Support Act allows Georgia orders to be registered and enforced in any other state. Death does not necessarily extinguish the debt either; accrued arrears may be collected as a claim against the deceased obligor's estate. Bankruptcy provides no escape, because child support arrears are non-dischargeable under federal bankruptcy law.

How Does Georgia Enforce Child Support Arrears?

Georgia enforces child support arrears primarily through the Division of Child Support Services (DCSS), which can garnish wages, intercept tax refunds at thresholds as low as $150, suspend licenses after 60 days of delinquency under O.C.G.A. § 19-6-28.1, file property liens, report debt to credit bureaus, and refer cases for contempt. These administrative tools operate without requiring a new court hearing.

The enforcement framework combines automatic administrative actions with judicial remedies. Income withholding under O.C.G.A. § 19-6-32 is the default collection method, directing the obligor's employer to deduct both current support and an additional amount toward arrears directly from each paycheck. DCSS can seize funds from bank accounts, intercept lottery winnings, and place liens on real and personal property. The agency also reports delinquent obligors to consumer credit reporting agencies, damaging credit scores and limiting access to loans. For obligors who own businesses or work as independent contractors and cannot be reached through standard wage garnishment, DCSS uses financial institution data matching to locate hidden assets. When administrative tools fail, DCSS or the custodial parent files a contempt action in Superior Court seeking incarceration until a purge payment is made.

Enforcement Tools Comparison

Enforcement ToolTrigger ThresholdGoverning Authority
Income withholdingAny orderO.C.G.A. § 19-6-32
Driver/professional license suspension60 days delinquentO.C.G.A. § 19-6-28.1
Federal tax refund offset$150 (former TANF)45 CFR 303.72
State tax refund offset$50045 CFR 303.72
Passport denial/revocation$2,50042 U.S.C. § 652
Contempt of court (jail)Willful nonpaymentO.C.G.A. § 19-6-28
Credit bureau reportingEstablished arrearsDCSS policy

Can You Lose Your License or Passport for Back Child Support?

Yes. A Georgia parent who is 60 days delinquent on child support can have their driver's, professional, occupational, and recreational licenses suspended under O.C.G.A. § 19-6-28.1, and a parent who owes $2,500 or more in arrears faces federal passport denial and, as of May 2026, active passport revocation. These suspensions continue until the obligor pays or arranges a payment plan.

The license suspension process includes due process protections. After a 60-day delinquency, DCSS must mail a Notice of Intent informing the non-custodial parent of the planned suspension, and the license cannot actually be suspended until 30 days after that notice. This window gives the obligor time to pay, contest the amount, or negotiate a payment arrangement to avoid losing the ability to drive or practice a licensed profession. The passport program operates at the federal level: once a state certifies arrears of $2,500 or more, the obligor's name is forwarded to the U.S. Department of State and entered into the Consular Lookout and Support System, blocking new or renewed passports. Importantly, paying the balance below $2,500 does not automatically remove the obligor from the program; full payment of all arrears across all cases is generally required before passport eligibility is restored.

What Happens at a Child Support Contempt Hearing?

At a Georgia child support contempt hearing, a Superior Court judge determines whether the non-custodial parent willfully failed to pay court-ordered support, and if so, may impose a purge amount, jail time, fines, attorney fees, and wage garnishment. Filing a contempt action costs $200 to $400 depending on the county, and hearings are typically scheduled within 30 days of service.

Georgia distinguishes between civil and criminal contempt for unpaid child support. In civil contempt, the obligor is said to "hold the keys to their own jail cell" because they can secure immediate release by making a purge payment toward the arrears, as the goal is coercing payment rather than punishment. The judge sets the purge amount based on the obligor's demonstrated ability to pay. The key defense is inability to pay: a parent who genuinely cannot pay because of job loss, disability, or incarceration may avoid a contempt finding, but the burden falls on the obligor to prove the nonpayment was not willful. A parent more than 30 days past due may additionally face criminal abandonment or non-support charges under O.C.G.A. § 19-10-1, which can carry jail time and fines separate from the civil contempt remedy. Even after contempt, the underlying child support debt and accrued 7% interest remain fully owed.

How Do You Collect Back Child Support in Georgia?

To collect back child support in Georgia, a custodial parent can open a free case with the Division of Child Support Services by calling 1-877-423-4746, or file a private contempt action in Superior Court for $200 to $400. DCSS then deploys wage garnishment, tax interception, license suspension, and asset seizure to recover the past due child support debt automatically.

The DCSS route is the most cost-effective path for most custodial parents because the agency's enforcement services are provided at little or no cost and the agency absorbs the administrative burden of locating the obligor, tracking arrears, and applying interest. To open a case, the custodial parent submits an application along with the existing support order and documentation of the arrearage. DCSS then calculates the total owed, including 7% statutory interest, and initiates collection. The private litigation route through a family law attorney offers more control and speed, particularly when the custodial parent seeks an immediate contempt finding, attorney fees, or a lump-sum judgment for a large arrearage. Many parents combine both approaches, using DCSS for ongoing administrative collection while pursuing a private contempt action to compel a purge payment. Documentation is critical: maintaining a complete payment ledger strengthens any arrears calculation presented to the court.

Can Back Child Support Be Reduced or Forgiven in Georgia?

Back child support in Georgia generally cannot be retroactively reduced or forgiven, because each unpaid installment became a vested judgment when it came due under O.C.G.A. § 19-6-17. A court may modify future support going forward, but it cannot erase accrued arrears, and arrearages based on imputed income cannot be forgiven during a pending reconsideration motion.

The only party who can effectively forgive child support arrears is the custodial parent to whom the debt is owed, and even then, arrears that were assigned to the state because the custodial parent received public assistance cannot be waived by the parent. An obligor who believes the support amount is too high should petition for modification immediately, since the modification can only reduce payments accruing after the petition's filing date, never the past due balance. A parent can ask DCSS or the Superior Court to review and modify a support order three years after it became effective, or sooner upon proving a substantial change in circumstances such as involuntary job loss or disability. The DCSS administrative review costs $100, which is waivable for parents at or below 125% of federal poverty guidelines. Georgia's 2026 mandatory parenting time adjustment under O.C.G.A. § 19-6-15 may itself justify an earlier modification for parents exercising significant custody time, but it does not affect arrears already accrued.

Frequently Asked Questions

How far back can child support arrears be collected in Georgia?

Child support arrears in Georgia can be collected indefinitely for orders issued after July 1, 1997, because O.C.G.A. § 9-12-60 imposes no statute of limitations. The debt survives the child reaching adulthood, the obligor moving out of state, and even bankruptcy, since child support arrears are non-dischargeable under federal law.

What is the interest rate on back child support in Georgia?

The interest rate on back child support in Georgia is 7% simple interest per year under O.C.G.A. § 7-4-12.1, accruing 30 days after each payment is due. This rate replaced the prior 12% rate in 2006. A $10,000 arrearage accrues roughly $700 in interest annually, calculated on principal only without compounding.

Can you go to jail for not paying child support in Georgia?

Yes, you can go to jail for willfully not paying child support in Georgia through civil contempt or criminal non-support charges under O.C.G.A. § 19-10-1. In civil contempt, the parent can secure release by making a court-set purge payment. Inability to pay due to job loss or disability is a valid defense if proven.

Does back child support go away when the child turns 18 in Georgia?

No. Back child support in Georgia does not disappear when the child turns 18. While current support typically ends at age 18 (or 20 if the child is still in high school), any accrued arrears plus 7% interest remain fully owed indefinitely under O.C.G.A. § 9-12-60, with no statute of limitations on collection.

How do I report someone who owes back child support in Georgia?

To report a parent who owes back child support in Georgia, open a free enforcement case with the Division of Child Support Services by calling 1-877-423-4746 or applying online at childsupport.georgia.gov. DCSS will locate the obligor, calculate arrears with 7% interest, and deploy wage garnishment, tax interception, and license suspension.

Can child support arrears be taken from a tax refund in Georgia?

Yes. Georgia intercepts federal tax refunds when arrears reach $150 (for cases that formerly received public assistance) and state refunds at $500, under federal regulation 45 CFR 303.72. Intercepted funds typically reach the custodial parent 60 to 90 days after the obligor receives a Treasury offset notice.

What is retroactive child support in Georgia?

Retroactive child support in Georgia is support a court orders back to the date a paternity or support petition was filed, and in paternity cases potentially back to the child's birth. Unlike adjudicated arrears, retroactive support does not accrue 7% interest until reduced to a specific judgment amount under O.C.G.A. § 7-4-12.1.

Can I lose my driver's license for owing child support in Georgia?

Yes. Georgia can suspend your driver's, professional, and recreational licenses after 60 days of delinquency under O.C.G.A. § 19-6-28.1. DCSS must send a Notice of Intent, and the suspension cannot take effect until 30 days after that notice, giving you time to pay or arrange a payment plan.

How much does it cost to file a child support contempt action in Georgia?

Filing a child support contempt action in Georgia Superior Court costs $200 to $400 depending on the county, plus $50 to $100 for service of process. The DCSS administrative modification review costs $100 and is waivable for parents at or below 125% of federal poverty guidelines. As of January 2026, verify exact fees with your local clerk.

Can back child support be forgiven if both parents agree in Georgia?

The custodial parent can voluntarily forgive arrears owed directly to them, but a court cannot retroactively reduce vested arrears under O.C.G.A. § 19-6-17. Arrears assigned to the state because the custodial parent received public assistance cannot be waived by the parents and must be paid in full.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Georgia divorce law

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