Martinez v. Georgia Division of Family and Children Services, et al.
Equal Justice Under Law and plaintiff Annalinda Martinez filed a federal class-action lawsuit against the Georgia Division of Family and Children Services (“DFCS”) for operating an unconstitutional child support program that charges unaffordable child support to parents living in poverty. The lawsuit alleges that, between 2018 and 2022, DFCS seized children from more than 700 families solely because of poverty; DFCS then charged those same families unaffordable monthly bills to pay for the care of the children taken from them.
Instead of offering support to families who need it, DFCS is punishing parents simply for being poor. In August 2024, DFCS amended its policy, stating it would no longer enforce child support orders in new cases where the payments may delay reunification with their children. However, this change does not apply retroactively and offers no relief to Ms. Martinez or the hundreds of parents already burdened with debt from these mounting fees. The lawsuit argues that charging parents who are already struggling financially with unaffordable child support payments does nothing but trap them in poverty and delay reunification with their children.
Our Lawsuit: Equal Justice Under Law is seeking class certification, meaning that the lawsuit could impact hundreds of families across the state. Phil Telfeyan, Executive Director of Equal Justice Under Law, states, “Georgia will seize your children because you are too poor to afford housing, but the state will then add insult to injury, billing you into deeper poverty. These irrational and counterproductive charges are uncollectible — they only serve to delay reunification of children with their parents”. If successful, the lawsuit would prohibit DFCS from collecting unaffordable child support from parents it knows are indigent.
Update: On September 23, 2026, Judge Tiffany Johnson entered an order that maintains all of Ms. Martinez's federal constitutional claims against the individual defendants in their official capacities. This means that Ms. Martinez can proceed with her claims alleging that Georgia's child support program violates Equal Protection, substantive Due Process, and Procedural Due Process. Additionally, Judge Johnson entered a preliminary injunction on behalf of all Georgia parents who are being charged child support for children who have aged out of foster care, been adopted, or are otherwise no longer in foster care. The preliminary injunction, in effect for the pendency of the litigation, requires the Georgia Division of Family and Children Services, the Department of Human Services, and the Division of Child Support Services to: (1) affirmatively modify or end all support orders for children who are no longer in foster care, (2) establish a simple and accessible procedure through which parents can notify the state of erroneous child support charges, (3) immediately correct any erroneous charges upon notice from affected parents, and (4) cease enforcement mechanisms, including passport and license revocation, while the litigation is pending.
If you or someone you know is affected by these policies in Georgia or elsewhere, please contact us at info@equaljusticeunderlaw.org.
case details
Status: Ongoing
Date Filed: 08/19/25
Plaintiffs: Annalinda Martinez, individually and on behalf of all others similarly situated
Defendants: Candice L. Broce, in her official capacity as Commissioner of the Department of Human Services; Melody DeBussy, in her official capacity as Chief Policy Officer for the Department of Human Services; Sarah Hurst, in her official capacity as Assistant Deputy Commissioner of the Division of Child Support Services
Jurisdiction: United States District Court for the Northern District of Georgia
Partners: Together with Families
IMPACT
Case is ongoing.