Georgia’s Child Support System Under Fire in Federal Lawsuit—Mother Alleges ‘Impossible Debt’ Is Unconstitutional

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A System of ‘Impossible’ Debt

According to the complaint filed in federal court, the core of the problem lies in the state’s practice of “imputing income.” This is where administrative law judges assign a theoretical income to a parent, regardless of their actual ability to earn money. The lawsuit alleges this is not an exception but a routine practice, even for parents with documented disabilities, those who are incarcerated, or those who are homeless.

This imputed income—often calculated at a full-time, minimum-wage level—is then used to generate a child support order. This creates an immediate and accumulating debt for parents with zero income. Latorya Johnson, the lead plaintiff, exemplifies the harm alleged in the suit. After developing severe medical conditions that left her unable to work, she petitioned the state to modify her child support order. Despite providing medical evidence, her request was denied, and the judge continued to impute income to her. She has since accumulated thousands of dollars in debt and faces the constant threat of having her driver’s license suspended or being jailed for contempt.

The lawsuit argues this creates a devastating cycle. When a parent inevitably fails to pay the impossible amount, the state imposes severe penalties:

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