Georgia Mother Sues Over Child Support Fees for Foster Care
ATLANTA (AP) — A mother in Georgia has initiated a civil rights lawsuit against the state, arguing that hundreds of low-income parents, including herself, have been unfairly charged child support for children placed with foster families—fees they simply cannot afford.
From 2018 to 2022, Georgia reportedly removed children from around 700 families, citing “inadequate housing.” This suggests many of these parents were either homeless or lacked stable living conditions.
The lawsuit, filed this week, asserts that state agencies were aware these families were struggling financially yet continued to impose foster care fees.
“The Georgia system is one of the most troubling and punitive we’ve encountered,” stated Phil Telfiyan, who represents the mother, Anna Linda Martinez, residing north of Atlanta.
Critics have long spoken out against child welfare agencies for separating children from families living in poverty, often due to circumstances tied to financial hardships.
In 2022, the federal government recommended that child welfare agencies reduce the frequency of child support requests. States like California and Michigan have revised their policies, and Georgia followed suit in 2024. Nevertheless, the new Georgia regulations do not apply to prior cases, such as that of Martinez.
The lawsuit also demands that the state cease pursuing child support for many children who are aging out of or have been adopted from the system. Martinez argues that the fees imposed on her contradict state law.
Martinez’s story gained attention when she sought help from the Georgia Family and Children’s Services in 2018 after losing her home with her six daughters. Her ex-boyfriend was arrested for sexual abuse against one of the children, and despite juggling three jobs, she struggled to pay rent and ultimately faced eviction.
The agency opted to place her children in foster care rather than provide housing assistance, according to the suit. Initially, she was charged $100 a month, but that amount skyrocketed to $472 a month in late 2019, all while she was living below the federal poverty line.
Eventually, Martinez relinquished custody of all six daughters, fearing that the ongoing situation would “shatter hopes of ultimate unity and cause irreparable trauma” for both her and her children.
The lawsuit also seeks reimbursement for child support payments that failed to take into account the unique circumstances faced by Martinez and other parents in similar situations.
The lawsuit primarily targets the Families and Children’s Services departments within the state’s Department of Human Services. A spokesperson from the department stated that while they do not comment on ongoing litigation, they are aware of the situation.
As the lawsuit indicates, two of Martinez’s daughters have secured jobs, three have aged out of the foster care system, and one is expected to be adopted soon. Yet, the state still demands a child support payment of $472 per month.
Martinez is currently at home caring for her two remaining children. Her partner’s income is insufficient to handle childcare costs; most of it goes toward child support. Last year, she received a letter informing her that her partner owed over $13,000 in child support, along with warnings about potential prison time. A nonprofit helped her address this issue, but Martinez continues to live with the fear of losing her remaining children.
Martinez eventually discovered that she could request reduced child support—but was later informed that she needed to provide her daughters’ adoption certificates, which she found challenging to obtain without her parental rights being restored.
The Family and Children Services department maintains that their goal is to provide equitable treatment, but Telfiyan argues that pursuing child support from low-income families is a “wicked” practice that ultimately hampers the desired outcomes for all involved.
