Georgia Parents Sue State Over Child Support Fees After Foster Care Placements
ATLANTA, Ga. — Low-income parents in Georgia are suing state agencies, arguing they should not be forced to pay child support after their children are placed in foster care.
The lawsuit, filed this week by Annalinda Martinez, claims the state unfairly billed her and other struggling families despite knowing they lived below the poverty line.
Families Charged Despite Poverty
Court filings state that between 2018 and 2022, Georgia removed children from 700 families for “inadequate housing.” Advocates argue many of these cases stemmed from financial hardship rather than abuse or neglect.
“This is one of the most onerous and punitive systems we’ve seen,” said Phil Telfeyan, executive director of Equal Justice Under Law, the nonprofit representing Martinez.
Martinez’s story illustrates the hardship: after her family became homeless, her children were placed in foster care. She was ordered to pay $472 per month in child support despite living below the federal poverty line.
National Pushback on the Practice
The federal government in 2022 advised states to reduce the frequency of child support collections tied to foster care cases. States such as California and Michigan rolled back the practice, and Georgia followed with new rules in 2024 — though those changes don’t apply retroactively.
The lawsuit also argues Georgia continues to pursue payments even after children age out of foster care or are adopted, practices plaintiffs say violate state law.
The case highlights a broader debate about how states handle child welfare and poverty. Critics argue the system punishes struggling parents rather than helping them stabilize their homes.
Telfeyan called the practice “perverse,” saying it delays family reunification and worsens trauma for both parents and children.
Georgia’s Department of Human Services has not commented on the lawsuit, saying it is pending litigation.
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