Norcross, GA asked in Family Law for Georgia

Q: What is the official hierarchy of applied payments to child support, spousal support, medical, etc?

I was told by the Child Support Office that the official hierarchy is child support, child support arrearages, medical, then after all that spousal support, and spousal arrearages. Is there a document to support this decision in state law or is this decision handed down by an unelected official? The working group of 2000 in the 21 million children recommendation was current child support, current spousal support and then the remainder of obligations. This was a guideline reported in the best interest of the child and I agree. I moved from Ohio where my divorce was settled and that is their hierarchy and this is the decision that the judge would base his final support orders upon. If this is the case in Georgia that I have stated, where do I begin to address the issue with officials who have power over this decision. My ex-spouse will never have to pay alimony as long as he keeps up with his measly $351 monthly support because the agency here will never look into a contempt judgement.

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1 Lawyer Answer
Beverly L. Cohen
Beverly L. Cohen
Answered
  • Roswell, GA
  • Licensed in Georgia

A: There is no specified hierarchy for allocating funds between alimony and child support in Georgia because there is no government involvement in collecting current alimony or an arrearage in alimony. My advice is to domesticate your order or orders for alimony and child support and then file a motion for contempt. Before unreimbursed medical expenses can be collected, the amount owed must be determined by the court.

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