Ask Me Help Desk - Child support

Child support

Hi I'm a single mother of 3. Ages are 13,12,&9.April of last year I filed child support on my kids father(whom I'm still married to) at a local CS office,As of today I haven't received ANYTHING from them regarding my case.Last week I went to my local court(Dekalb,Ga)and filed a child abandonment warrant on him. Its been approximately 2yrs since him and I split he haven't given ANY support for the kids during the last two years he also fathered another child with someone else.Oh and just for the record our relationship ended on the grounds of him being physical abusive to me and many times in front of the kids,I was scared to leave but thank god I'm gone now and never looking back. We have a court date 4-30-2010 will I get an order that day for pay and what is the pay scale based on.

Have any divorce papers been filed yet?

Generally one does not file for support from an estranged husband. You file for divorce and include support as part of the divorce. But doing this separately you may have caused the delays.

Without knowing the history of the case, its possible the fact that you did not follow proper procedure will not get you a judgment at the hearing. Do you have an attorney?

Quote:

Originally Posted by califdadof3

Have any divorce papers been filed yet?

Nope not at all. So I take it that isn't good on my behalf.

Quote:

Originally Posted by ScottGem

Generally one does not file for support from an estranged husband. You file for divorce and include support as part of the divorce. But doing this separately you may have caused the delays.

Without knowing the history of the case, its possible the fact that you did not follow proper procedure will not get you a judgment at the hearing. Do you have an attorney?

No I don't,didn't think I will need one to establish an order of support.

Had you consulted an attorney, you might have been informed to file for divorce and include support as part of that filing.

Did you even get legally separated? If not there is a good chance that the support order won't be done until one of those is done. You should really look into getting a lawyer... especially if he has one.

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Originally Posted by stinawords

Did you even get legally separated? If not there is a good chance that the support order won't be done until one of those is done. You should really look into getting a lawyer... especially if he has one.

Up until early of this year I got a hold of his real address,I was never able to find him,like I said 2yrs ago we had a terrible blow out he left and I had know knwledge of his where abouts until he got arrested(carrying a concealed weapon & loitering or prowling) he used my address and attorneys sent letters to my residence regarding service for hm.Thats when I start investigating on my own and that's when I got his address.Thanks for all the responses!

If he left, you could still have filed for divorce and support. There are legal ways to serve notice when you don't know where a person is. Even if you couldn't find him to collect, there are support collection agencies that could help, but at least the support order would be on file.

The warrant will not go anywhere and he may even use that against you.

He did not fail to pay any court ordered child support, unless in GA there is a child support order, he has no obligation to pay. When and if you get to court, it can go back to the date you filed.

Those charges in GA are for failure to pay court ordered child support, nothing more. So even if picked up, they will merely dismiss the charges when you can't prove he owes anything.

He will then use that as harassment in court against you when you get there. That you have not filed for divorce, that you have not filed for a legal separation and that there is no support due, since there was no court case.

If you can't find him, your attorney could have got a child support order issues.

Here is the GA statute:

Abandonment of Spouse or Child

§ 19-10-1. Child abandonment; defenses and paternity testing; natal expenses and future support; verdicts, sentencing, and punishment

(a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child.

I take this to mean that a parent that does not provide for the needs of the child is in violation of this statute. I don't believe a prior support order is necessary. But I think there is a lot of leeway for the courts on this statute. I believe this is meant to be a first stage in establishing a support order or a further step for enforcing one.

Being in GA, and working with many of this all the time, in the courts here ( a few years ago) unless there is a court order for support, a husband merely taking off and leaving his wife and kids is not convicted. And to be frank, esp in Fulton and Dekalb counties. When it ever gets to court, ( if it does not get dismissed long before) They will need to see you and child almost in a homeless shelter and not able to care for yourself.

You appear to be not doing the few things you should, any criminal charge will not do you any good, the divorce, spouse support and child support is what needs to be filed.

It is true what has been said. Even though he was gone you still could have gone to court to start working your way to getting support. Him having taken off would have actually been a good reason for getting into court and getting the ball rolling. The same is true in my state... if there was not an order then the ncp owes nothing. Therefore, nothing can be collected and they can not be behind on it either.

Quote:

Originally Posted by stinawords

It is true what has been said. Even though he was gone you still could have gone to court to start working your way to getting support. Him having taken off would have actually been a good reason for getting into court and getting the ball rolling. The same is true in my state... if there was not an order then the ncp owes nothing. Therefore, nothing can be collected and they can not be behind on it either.

I do understand right now nothing is owed to me,Therefore nothing can be collected. Child Support of Dekalb informed me to purse an abandonment warrant so I can get an order establish even though I filed with them(Child Support) a year ago know telling with them when him and I will go to court for an order,So they informed me a child abandonment warrant will get me an order faster than them.

Like I said, filing for abandonment is probably the first stage in getting a support order.

Quote:

Originally Posted by ScottGem

Like I said, filing for abandonment is probably the first stage in getting a support order.

I truly hope so. My court date is Friday I will surly update you guys with the outcome. Thanks to all who took there time and responded to my questions,Gladly appreciated!

Quote:

Originally Posted by ScottGem

Like I said, filing for abandonment is probably the first stage in getting a support order.

UPDATE: Once again Thanks for all comments. Today I had my hearing everything went well. I did get an order establish there wasn't any problem regarding us being married,My payment starts next month(May).

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Originally Posted by ladytee79

UPDATE: Onc again Thanks for all comments. Today i had my hearing everything went well. I did get an order establish there wasn't any problem regarding us being married,My payment starts next month(May).

Well the easy part is done. Unless he has a job and the support agency can garnish his salary, you may have a problem collecting.

Quote:

Originally Posted by ScottGem

Well the easy part is done. Unless he has a job and the support agency can garnish his salary, you may have a problem collecting.

Why is it I may have a problem with collecting? I thought it would be best since I won't have to wait on him to send it.

If he has a job where his wages can be garnished, then you probably won't have a problem collecting. Otherwise you probably will