I need assistance as to where to go or what to do next. I have been trying for almost 1 year to get child support from the father of my 2 boys.

As of this morning, I'm being told by the Cobb County Support division that the father pleaded "not guilty" AGAIN, and again, the case has been moved out another couple of months.

This makes no sense to me. I'm sure he's not the first father to deny "not" providing any support to his child(ren). Does the child support division just take his word for it and continue to push court dates out without contacting or verifying with the mother? If I didn't call them, I would not have known.

This is critical to me as I cannot afford to get a job because I cannot afford child care for my children. The father has not provided ANY support (financially, physically, or emotionally) since I advised him that I would be applying for child support last October. At least prior to this he was providing physically support by taking the boys once or twice a month for a few hours. My children have not seen or heard from their father in many months. He has no idea how the children are being provided for or what condition they are in. Thank God for my mother.

Not guilty to what? Is he claiming that he has paid support? If he is being prosecuted for abandonment (non payment of support is considered such in GA which is where I believe Cobb County is), then you need to discuss this with the prosecutor and find out why the case is not being pursued.

Not guilty to abandonment which makes one presume he has provided some form of support.

The problem here is that the case is still within the child support system and not in the court system. I am not sure what this means other than I cannot request to go before a judge to plead my case, which is what I requested this morning from the County Clerk's office and was referred to the DA for Child Support, whom I have left a message with.

For a society that is pro-children I would have thought getting a dead beat dad to provide support for his children would not be such a difficult process.

His address is known. His employer is known. His social security number is known and the children's paternity is not in question. Why does Cobb County make the custodial parent the villain in child support cases?

I don't know that Cobb County is making you the villain.

The unfortunately costly method is to retain an Attorney to pursue this matter - whether that is shaking up the support unit or something else. Legal aid, something along those lines, might help you.

How was child support addressed in your divorce? If he's not paying it, he's in contempt of court. That's the court with jurisdiction.

I am, like you, confused. He says he is paying support. You say he is not. Didn't anyone have to show proof - for example, him, with cancelled checks?

I went to the first hearing and the judge asked him for proof, when he said he didn't have any, the judge ordered him to jail for abandonment. I have recently filed for abandonment again on the advice from a legal aid attorney. However, the attorney mentioned that there would be nothing more they can advice me to do that I haven't already done and to continue filing the adandonment charges.

I'm in NY and the law is obviously different AND I don't like to answer a question with a question - but how does abandonment get mentioned in this? Are they saying it's some sort of abandonment of his children, the non support?

Sounds frustrating beyond belief - keep pursuing him? We hear this here on AMHD all the time, and I'm always surprised and shocked.

Isn't the father in violation of a Court Order?

Here is the thing I don't understand. In GA, Child abandonment (not supporting your child) is a criminal offense, prosecuted by the DA's office. One doesn't plead "not guilty" to an agency trying to collect support. So pleading not guilty indicates that a criminal case has been filed.

If no criminal case has been filed, then why doesn't the county just garnish his salary? You say his employer and SSN are known to the agency. If he is arguing that he has paid support, then he can argue about back support but at least get ongoing support setup through garnishment.

So I would a) pursue this with the DA and b) ask your caseworker with the Support division why they don't garnish his salary.

Well to further add to my frustration, they haven't issued a court order for him to pay child support yet. There is no $$ amount awarded by the child support division as of yet. He is only going to court to answer the abandonment charges; hence, the not guilty plea.

Once an order has been issued then his check can be garnished. What is taking Cobb County so long to order him to pay child support?

Can you explain the abandonment to me? Who/what did he abandon?

Is this addressed in your divorce decree?

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Originally Posted by JudyKayTee

Can you explain the abandonment to me? Who/what did he abandon?

Is this addressed in your divorce decree?

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He abandoned his children. He has given me $13 since OCTOBER, and nothing more. He didn't call, text, visit, or stop by to see his youngest son on his birthday, nor has he seen them since February. On the paperwork, Abandonment is considered if he has not given me some type of support/ money for his children in 30 days. Clearly it has been far more than 30 days. I just don't know what else to do. Im tired, Im frustrated, and I feel helpless. HE is winning, and HE is the one in the wrong. It feels as if I am turning circle with the court system, and I cannot get any straight-forward answers...

This is so alien to NY - I can see the frustration. Again -is this addressed in your divorce decree?

Quote:

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Originally Posted by JudyKayTee

Can you explain the abandonment to me? Who/what did he abandon?

Is this addressed in your divorce decree?

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Judy,

This is an anomaly of GA law. If a parent fails to support their children financially, then they can be charged with a criminal charge of child abandonment. This is done outside of Family Court, though, generally, the DA will wait until an award is ordered and unpaid before taking action. GA is different in this regard.

That's why the OP needs to pursue this on 2 tracks. The criminal track and the family court track.

I'm seeing that. As you know in NY not paying ordered support can cause the non-supporting father to be jailed and/or lose his drivers license. Problem with that is if he works there's a chance "you" can collect. If he's in jail - no chance at all.