A parent owed child support in Georgia can garnish the paying parent’s wages without a new judgment, and a continuing garnishment for support runs until the arrearage is paid and payments are current.
Every Support Order Allows It
Under OCGA 19-6-30(a), every child support order entered or modified since July 1, 1985 must state that once the unpaid amount “is equal to or greater than the amount payable for one month,” the payments “may be collected by the process of continuing garnishment for support.” In Strunk v. Strunk, 294 Ga. 280 (2013), omitting that language from an order did not take away the right to garnish.
No New Judgment Is Needed
Under OCGA 19-6-17(e)(1), each installment of child support is, once due, “a judgment by operation of law.” In Stoker v. Severin, 292 Ga. App. 870 (2008), the Court of Appeals held that a periodic support order can be garnished because the amount due takes “no more than a mathematical computation.”
How Much Can Be Taken
Under OCGA 18-4-52, the affidavit must attach a certified copy of the order and state that the parent is at least one month behind. Under OCGA 18-4-53(b), up to 50 percent of disposable earnings may be withheld, and retirement funds are not exempt once paid out. Under OCGA 18-4-55, the garnishment continues “until the original arrearage is retired and all support payments are current.”
Defenses That Do Not Work
In Coleman v. Burnett, 169 Ga. App. 297 (1983), “[d]enial of visitation rights does not justify nonpayment of support money.” Likewise, in Twineham v. Daniel, 223 Ga. App. 25 (1996), a garnishment court could not lower support because a child had moved in with the father; that requires a modification petition.
In Otu v. Whyte-Otu, 918 S.E.2d 599 (2025), a garnishment on a $50,000 judgment filed in magistrate court was reversed because under OCGA 15-10-2 that court’s limit is $15,000, rising to $25,000 on January 1, 2027.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!