Ask Experts Questions for FREE Help !
Ask
    Momof1ATL's Avatar
    Momof1ATL Posts: 7, Reputation: 2
    New Member
     
    #1

    Feb 5, 2010, 12:28 PM
    Child support Income Deduction Order filed in Georgia
    I have a temporary child support order filed along with an Income deduction order back in September in Dekalb County GA. However, I still have not received a single payment. My child's father came to court in August with an attorney stating he needed to file for legitimation and would pay the temporary order (he has not). I contact the DHR Child Support Agency EVERY month (every 30 days as this is how long they say they need to follow up on my contact). What else can I do? He has an attorney I have emailed her and the attorney for the state and no response. They have been "escalating" the enforcement since November and I was hoping they would catch his taxes but the case is still waiting for "escalation". Any advice would be appreciated. I'm willing to file papers myself if needed. I know where he works, lives etc. He sees my daughter when I drop her to his mom, so he is around and working a steady job and filled out all the financial paper work, what is the hold up with the Income deduction order, even though I know he is responsible to pay until it goes through.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Feb 5, 2010, 01:07 PM

    You answered your own question on another thread - https://www.askmehelpdesk.com/family...ml#post2213412.

    If collection agencies are now authorized to do this type of collection in GA, call one of them and assign this matter for collection.
    Momof1ATL's Avatar
    Momof1ATL Posts: 7, Reputation: 2
    New Member
     
    #3

    Feb 5, 2010, 01:09 PM

    Yeah I was hoping there was another option that wouldn't have me having to pay somebody else to do the collecting, wishful thinking :D
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Feb 5, 2010, 01:22 PM
    Quote Originally Posted by Momof1ATL View Post
    Yeah I was hoping there was another option that wouldn't have me having to pay somebody else to do the collecting, wishful thinking :D

    Right - it's never that easy and it's criminal that the legal system cannot help you, that you have to pay (in addition to your taxes) to get what is due you.

    Shaking my head.
    Momof1ATL's Avatar
    Momof1ATL Posts: 7, Reputation: 2
    New Member
     
    #5

    Feb 5, 2010, 01:51 PM

    Funny thing is I filed the order to not have to chase him down for payment and now I feel like I'm chasing down the child support agency. Shaking my head too...
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #6

    Feb 5, 2010, 03:23 PM

    There isn't much to getting a garnishment to his wages. But it may be possible that he isn't being paid wages anymore. That makes it a lot harder.
    Momof1ATL's Avatar
    Momof1ATL Posts: 7, Reputation: 2
    New Member
     
    #7

    Feb 5, 2010, 03:25 PM

    He's still working at the same job. Unfortunately, it's a law firm and they are probably dragging their feet with the garnishment paperwork. Get this... they do COLLECTIONS of all things.
    Momof1ATL's Avatar
    Momof1ATL Posts: 7, Reputation: 2
    New Member
     
    #8

    Feb 5, 2010, 03:26 PM

    I can see online on the county court site that the Income deduction order was filed in September but that's the last thing on the case.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #9

    Feb 5, 2010, 03:29 PM
    Quote Originally Posted by Momof1ATL View Post
    He's still working at the same job. Unfortunately, it's a law firm and they are probably dragging their feet with the garnishment paperwork. Get this....they do COLLECTIONS of all things.
    Doesn't matter if it's the same job. Its how a person is paid that is going to determine what type of order is needed. Lets say that before he was employed by them and received a wage package. You could garnish that fairly easily. But lets also say that instead of paying him as a wage earner they now pay him as a independent contractor. That's totally different. You can't use a wage assignment for that purpose.
    Momof1ATL's Avatar
    Momof1ATL Posts: 7, Reputation: 2
    New Member
     
    #10

    Feb 5, 2010, 03:30 PM

    OH... interesting. I have no idea how he's paid. Last I spoke to child support they suggested an abandonment warrant. I have no desire to get him arrested, but this is getting ridiculous.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #11

    Feb 5, 2010, 03:32 PM

    Im just trying to point out some of the hurrdles you may be running into. Im sure as a collections specialist they now most of the tricks. Its just a matter of catching them at it.
    CaCO3Girl's Avatar
    CaCO3Girl Posts: 4, Reputation: 2
    New Member
     
    #12

    Feb 7, 2011, 09:07 AM
    There is a flaw in your post. Filing for legitimization is something you do when you want rights to a child. However, by being court ordered to pay child support the court has legally recognized him as the fatehr of that child. This makes no sense. If there was nothing in place the correct action for him would be to file for legitimization and then joint custody. However, if a court awarded you child support then that would negate the need to file for legitimization, which is just GA's version of establishing patternity. Something is fishy here. The good news is that it will all be retroactive to date you filed, the bad news is that child support enforcement doesn't seem to be doing their job... they are waiting on something and you need to find out what. After 60 days of non-payment his license should have been suspended. Have they done THAT? As for you filing stuff on your own, it is better to wait on CSE to collect, they have more power than you and you trying to get wages garnished and income taxes re-routed is not feasible. CSE are slow, but they are eventually effective. Also, the IRS doesn't typically flag someone when they are less than 5 grand behind.
    klove1982's Avatar
    klove1982 Posts: 1, Reputation: 1
    New Member
     
    #13

    Nov 21, 2011, 12:20 PM
    I'm getting in this pretty late but I have a very similar situation going on right now and I just found out that I could have sent his employer a copy of the order to have it take effect. I didn't have to wait on his attorney to do so... So if you have the order, it should have his employers address on it and all you have to do is mail them a copy...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #14

    Nov 22, 2011, 06:57 AM
    Quote Originally Posted by klove1982 View Post
    I'm getting in this pretty late but I have a very similar situation going on right now and I just found out that I could have sent his employer a copy of the order to have it take effect. I didn't have to wait on his attorney to do so....So if you have the order, it should have his employers address on it and all you have to do is mail them a copy...
    This is absolutely not correct in all States. Would you please post your research concerning Georgia law?

    I'm not saying this isn't true; I just can't find it.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Does the child support agency remove order from child 18 or does the parent [ 3 Answers ]

My son is 18 and in college, he does not live with mother nor does she pay for any of college. I live in California, who takes care of the order?

Stopping Child support obligation procedure in Georgia [ 21 Answers ]

My wife is refusing to allow visitation. I am obligated to pay child support. I would like to file a petition that would take my parental rights and releave me of child support obligation. In Georgia, what is the procedure... thank you.


View more questions Search