Yes, child support is mandatory in Georgia, and parents cannot waive it. Under state law, financial support is a right that belongs to the child, not something the two adults can bargain away between themselves. Even when parents agree in writing that neither will pay, that agreement has no legal force until a judge reviews it, and a judge will reject any arrangement that leaves the child without adequate support. The duty applies whether or not the parents were ever married.
Why Parents Cannot Waive Child Support
O.C.G.A. § 19-6-15 places a legal duty on both parents to contribute financially to raising their child. Because that duty runs to the child, one parent has no authority to release the other from it. A private “no support” deal is not enforceable on its own, and courts treat it as a proposal rather than a decision.1Justia. Georgia Code 19-6-15 – Child Support Guidelines for Determining Amount of Award; Continuation of Duty of Support; Duration of Support
When parents settle a divorce or paternity case and want to include their own support terms, those terms have to be submitted to the court. The judge asks a single question: does the arrangement serve the child’s best interests? If the proposed amount falls below what Georgia’s guidelines would produce, the court can override the parents and set a higher figure. A zero-support outcome is rare and typically requires clear evidence that the child’s financial needs are already covered another way.
How Georgia Sets the Amount
Georgia uses the Income Shares Model. The court adds both parents’ adjusted gross incomes, looks up the combined figure on the state’s Basic Child Support Obligation table (which covers combined monthly incomes from $800 to $40,000 for one through six children), and produces a base obligation. Each parent’s share of that obligation matches their share of the combined income. If one parent earns 65% of the total, that parent owes roughly 65% of the base amount, and for the noncustodial parent that share generally becomes the monthly payment.1Justia. Georgia Code 19-6-15 – Child Support Guidelines for Determining Amount of Award; Continuation of Duty of Support; Duration of Support
Gross income for this calculation is broad. It includes wages, salaries, commissions, bonuses, overtime, self-employment earnings, military pay, Social Security, pensions, rental income, interest, dividends, severance, unemployment, and workers’ compensation. A parent who is voluntarily unemployed or working below their capacity does not escape the calculation. The court can impute income based on work history, education, skills, health, age, and the local job market, and any arrears that build up on imputed income cannot later be forgiven.1Justia. Georgia Code 19-6-15 – Child Support Guidelines for Determining Amount of Award; Continuation of Duty of Support; Duration of Support
The table produces what Georgia calls the “presumptive” amount. Mandatory adjustments for the child’s health insurance premiums and work-related childcare are added and split by income share. Judges can also apply discretionary deviations for things like extraordinary travel for visitation, private school tuition the parents previously agreed to, other children a parent supports, or significant out-of-pocket medical costs. A deviation changes the number. It does not remove the duty to pay.1Justia. Georgia Code 19-6-15 – Child Support Guidelines for Determining Amount of Award; Continuation of Duty of Support; Duration of Support
When the Obligation Ends
Georgia child support normally runs until the child turns 18. If the child is still enrolled full-time in secondary school at 18, support continues until graduation or age 20, whichever comes first.2National Conference of State Legislatures. Termination of Child Support The obligation can end earlier if the child marries, enlists in the armed forces, is legally emancipated by a court, or if either the child or the paying parent dies.
A separate track exists for an adult child who cannot support themselves because of a physical or mental condition that began before age 18. Under O.C.G.A. § 19-6-15.1, a parent, guardian, or the adult child can petition for a support order that continues as long as the disability prevents self-support.3Justia. Georgia Code 19-6-15.1 – Support Proceedings for Dependent Adult Child
What Happens If a Parent Doesn’t Pay
Georgia backs the mandatory duty with real consequences, and most orders collect through wage withholding from the start. The employer deducts the support amount from each paycheck and forwards it to the State Disbursement Unit within seven business days of payday.4eCFR. 45 CFR 303.100 – Procedures for Income Withholding Federal law caps withholding at 50% of disposable earnings when the parent supports another spouse or child, and 60% otherwise, with each cap rising by 5 points when arrears are more than 12 weeks overdue.5Office of the Law Revision Counsel. 15 U.S. Code 1673 – Restriction on Garnishment
When payments fall behind, additional tools come into play:
- The Department of Driver Services will suspend a Georgia driver’s license indefinitely on notice of noncompliance. Restoration requires proof of compliance plus a $35 fee, or $25 by mail.6Justia. Georgia Code 40-5-54.1 – Denial or Suspension of License for Noncompliance with Child Support Order
- Professional, occupational, and recreational licenses can be suspended or denied renewal for the same reason.7Justia. Georgia Code 19-11-9.3 – Suspension or Denial of License for Noncompliance with Child Support Order
- The custodial parent or a child support receiver can file a contempt action, and a contempt finding can bring fines, jail time, or both.8Justia. Georgia Code 15-15-4.1 – Contempt Action by Child Support Receiver
- Unpaid support accrues interest at 7% per year, starting 30 days after each installment is due.9Justia. Georgia Code 7-4-12.1 – Interest on Child Support and Alimony Awards
Past-due support of $2,500 or more will block a U.S. passport application or renewal until the parent pays the balance down.10Travel.State.Gov. Pay Child Support Before Applying for a Passport Federal tax refunds can also be intercepted and applied to arrears.11eCFR. 31 CFR 285.3 – Offset of Tax Refund Payments to Collect Past-Due Support
Changing the Amount When Circumstances Change
Because parents cannot informally reduce or cancel support, the only legitimate way to change what is owed is to petition the court for a modification. Georgia allows this when a parent shows a significant change in circumstances, such as a job loss, a substantial income increase, a serious medical condition, or a real change in the child’s needs. Courts generally will not entertain a new modification within two years of the last order absent a qualifying exception.
Timing matters. Under the federal Bradley Amendment, every support payment becomes a legal judgment the moment it comes due, and no court can retroactively reduce or forgive support that has already accrued. A parent who loses a job needs to file for modification immediately, because anything that piles up between the job loss and the filing date remains owed in full.12Administration for Children and Families. Essentials for Attorneys, Chapter Twelve – Modification of Child Support Obligations