GEORGIA: When the parent paying child support is in jail, is there any way to (legally) suspend payment until they are released?

Question

GEORGIA: When the parent paying child support is in jail, is there any way to (legally) suspend payment until they are released?

Answer

As to past amounts no. As to future amounts, maybe, if a modification is filed in superior court and the judge chooses to grant it.

Answer

Child support will accrue during the period of time the parent is in jail. To do otherwise would be unjust to the custodial parent who continues to incur costs for the children. The payor cannot be held in contempt for his or her failure to pay during this time. Once he/she is released and obtains employment, failure to commence payment may result in a contempt. Even if a modification is filed, a Judge is unlikely to suspend the obligation as the custodial parent is entitled to a reimbursement for expenses incurred on behalf of the children.