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lalexa74
Oct 27, 2011, 04:28 PM
Hello, I live in GA, Gwinnett County to be more specific. I am the custodial parent of a 10 yr old, the non custodial parent owes 26 plus thousand dollars in child support. Needless to say he has not pay child support in about 6 years. Last month he made a payment for $750 and I got notice that he is requesting a modification base on financial hardship. He is requesting payments to be reduce from $700 a month to who know what, but this month on the 29 is going to be 30 day since he last made a payment. I just want to know how can I get him to pay all the arrears before some nice judge get him off the hook. I do have a court order that is supposed to be enforced, but he just don't pay and in here there is really no enforcement. To be very honest, I just want him to go AWAY... I do not even care for the money... See he has drug issues and every time he gets clean he wants to come around my kid, then he'll fall off the wagon and disappear again for years at the time... how can I get him to just go away?

ScottGem
Oct 27, 2011, 06:10 PM
You can't. But whay haven't you pushed on support? GA makes it somewhat easier to enforce support since they can charge him with criminal abandonment.

AJAccidentProne
Nov 21, 2011, 10:52 PM
Pay special attention to OCGA 19-16-28. Here is a link: http://libguides.law.gsu.edu/content.php?pid=122238&sid=1050640
I hope this helps. :)

JudyKayTee
Dec 22, 2011, 12:35 PM
Pay special attention to OCGA 19-16-28. Here is a link: GEORGIA STATE LAWS ON CHILD SUPPORT ENFORCEMENT BY TOPIC - So What Do I Do Now? Child Support Enforcement ? Issues & Options - LibGuides at Georgia State University College of Law (http://libguides.law.gsu.edu/content.php?pid=122238&sid=1050640)
I hope this helps. :)


I can't locate 19-16-28. Please quote it.

Fr_Chuck
Dec 22, 2011, 02:04 PM
This is the issue if for so many years you have not "made" him pay you will not make him pay now.

What happens is first, he has the right to show the judge his income and ask for a modification, that is his right.
Next it does not make any difference for a good or bad judge, GA child support is set by state law according to income. So if his income is a lot different from when the first support was issued, it will be reduced.

In fact had he already paid, and can show it should have been lower he could have received credit for over payment.

In Georgia often child support modification is not even appeared at, the one party submits proof of his income, and the other party is asked to submit their info ( unless one or both asks for a hearing)

Next GA has a lot of enforcement, including having him put in jail for non payment and losing his drivers license. How many times have you taken him back to court for non payment? Have you turned this into the GA child support enforcement? Is he also from GA?