Enforcing Child Support After a Parent Stops Voluntary Payments
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 15, 2026
Legal Inquiry
Consumer Legal Issue
Separated from my husband at the end of August and our 2 year old is in my custody. He has seen her twice in the 5 months we've been apart. He's now withholding his chosen child support so I I….
There has been nothing filed. The payments were voluntary.
Attorney Answer
Because nothing has been filed and his payments were purely voluntary, there is currently no court order requiring him to pay child support — to legally require it, and since you're still legally married rather than divorced, you have two available paths.
You can file for divorce or legal separation and request temporary child support as part of that court action, or, without filing for divorce at all, apply directly to Georgia's Division of Child Support Services (DCSS) for an administrative child support order. Either path leads to an enforceable support order. Once an order is sought, Official Code of Georgia Annotated § 19-6-15 supplies Georgia's child support guidelines and calculation formula, which apply as a rebuttable presumption in setting the actual amount owed.
What you can do:
1. Decide whether to pursue a divorce or legal separation (which lets you request temporary support quickly through the court) or apply directly to Georgia DCSS for an administrative order without filing for divorce.
2. Gather income information for both yourself and your husband, since the guideline calculation under OCGA § 19-6-15 relies on both incomes.
3. Once a support order is in place, know that wage garnishment becomes available as an enforcement tool if he falls behind — but only after that order exists, not before.
4. Keep records of any amounts he has already paid voluntarily, since these may be relevant once a formal order is established.
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Frequently Asked Questions
Can I get child support if we were never divorced and payments were only voluntary?
Generally, yes — you can request temporary support as part of a divorce or separation filing, or apply directly to your state's child support agency for an administrative order, even without filing for divorce.
How is a child support amount typically calculated?
Most states use statutory guidelines that consider both parents' incomes to calculate a presumptive support amount, applied once a formal support order is sought.
What enforcement tools are available if a parent stops paying support?
Once a formal support order exists, enforcement tools such as wage garnishment generally become available, though they typically cannot be used before an order is in place.
