[fcd3421]

What if I am not making the money that I was making in 2005 and can't make the original child surport payment but has been still sending something to the child can you still get locked up at the abandonment hearing.

[ScottGem]

What "abandonment hearing"? There isn't any such thing in this circumstance.

If your circumstances change then you go back to court for a modification of the support agreement. But you can't just change the payment on your own.

The only time you might be jailed is for willfully ignoring a support order.

Bu

[fcd3421]

Notice of Hearing for the offence of Abandonment of Dependent child.

A hearing to determine wheather you have committed or are committing the crime of Abandonment of dependent child(failure to pay child surport)


But I do not make the money I use to and I don't have a job anymore so I can not make those payments but I have still been paying every month something towards it . What should I do? Thank You

[ScottGem]

Where do you live (if you live in the US, what state)? I've never heard of failure to pay support called abandonment.

[fcd3421]

Fulton county,Ga

[ScottGem]

Hmm, Well it looks like GA has extended the criminal charge of child abandonment. The statute is 19-10-1 and it provides that:

(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.

Now, In my opinion, this is a stretch to use this statute to cover not paying support. Because it assumes that the custodial parent is not providing sufficient support either.

And since this is a criminal offense, you could be jailed if convicted. Though I doubt it will come to that.

You can't just stop paying or pay a lessor amount on your own. If your circumstances change, then you need to apply for a modification. However, the statute does provide for a review of the defendant's ability to pay. So that will be taken into consideration at the hearing.