What Parents Need to Know About Unpaid Child Support
Many parents wonder whether unpaid child support can
eventually "expire" or become unenforceable. The answer depends on
one important factor: when the child support judgment was entered.
Georgia law changed significantly in 1997, creating
different rules for older and newer child support judgments.
What Does It Mean for a Judgment to Become Dormant?
A dormant judgment is one that can no longer be
enforced because too much time has passed without collection efforts. In some
situations, a dormant judgment may be revived before enforcement can continue.
For child support cases, however, dormancy does not
apply equally to every judgment.
The July 1, 1997 Rule That Changed Everything
Before July 1, 1997, child support judgments were
treated like many other civil judgments in Georgia. If no enforcement action
was taken within seven years, the judgment could become dormant. Before the
unpaid support could be collected through methods such as contempt, the
judgment generally had to be revived through the appropriate legal process.
That changed on July 1, 1997, when the Georgia
legislature amended the law to exempt child support and spousal support
judgments from dormancy. As a result, child support judgments entered on or
after that date generally remain enforceable without needing to be revived.
Importantly, Georgia courts have consistently held
that this change does not apply retroactively. Older judgments remain subject
to the previous dormancy rules.
Each Missed Child Support Payment Is Treated Separately
Even when dormancy applies, Georgia law treats each
missed child support payment as its own judgment.
This means one missed payment may still be
enforceable while an older unpaid installment may have become dormant. Rather
than looking at the child support order as one single judgment, courts evaluate
each unpaid payment based on when it became due.
Because of this, determining what can still be
collected often requires a careful review of the payment history.
The Bottom Line
Most child support judgments entered today do not
become dormant under Georgia law. However, if the support order was entered
before July 1, 1997, dormancy rules may still affect whether older unpaid
installments can be enforced.
Whether you are seeking to collect past-due child
support or responding to an enforcement action, understanding the age of the
judgment and the timing of each missed payment is essential. An experienced
Georgia family law attorney can help determine what enforcement options may
still be available.