[sassygal180]

... does he still have to pay me child's support in the state of Georgia? Our son is almost 2 yrs old.. and he has hardly done anything for him and even still if he gives me like 5 dollars he's always like what do u need it for and blah blah blah... someone please help me!!

[Synnen]

Have you gone to court to get a child support order set up?

If you HAVEN'T, then he doesn't owe you a dime in support.

If you HAVE, then there should be a specific amount of child support due each month that he has to pay.

I doubt you have court-ordered support at this time. Go to family court and get that set up ASAP.

[twinkiedooter]

Contact the local Child Support Agency in your area and go see them. You need to get a Court Order in place so that he is ordered to pay child support.

[ScottGem]

Actually, in GA it is considered Child Abandonment to not support your child. So you could swear out a warrant against him. If you do so, child support will be set by the court according to his income.

[cdad]

How old are you?

[Fr_Chuck]

In Georgia he will not owe any money till you get a court order for child support. You also need to get legal custody of the child. He can file for visitation with the child.

Ga has a somewhat complicated child support system, it starts taking your income and his income and then the time each of you will have the child according to child visitation schedules.

There will be an assumed income for him if he has no income

[ScottGem]

In Georgia he will not owe any money till you get a court order for child support.

I'm not so sure about that.

§ 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.


(b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony and shall be imprisoned for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor. The husband and wife shall be competent witnesses in such cases to testify for or against the other.

There is nothing here that states that there has to be a support order first. From other cases we have seen in GA, a parent can swear out a warrant for abandonment without there being court ordered support.

[AK lawyer]

How old are you?

Since the father is 17, and the child is almost two years old, she might want to plead the Fifth to that question. :D

"§ 16-6-3. Statutory rape
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor."

Strange. It appears that OP may be guilty of a misdemeanor even if she is younger than the child's father. :eek:

But I suppose this statute is interpreted so that "no more than four years older" means older. Minus one is less than four, but perhaps they haven't grasped that concept in Georgia.

[ScottGem]

Since the father is 17, and the child is almost two years old, she might want to plead the Fifth to that question. :D

And GA is tough on statutory rape. Remember the Marcus Dixon case. Frankly I'm surprised the boyfriend isn't already in jail.

[JudyKayTee]

I'm wondering if that boyfriend is the father. The Court will have the same question before the "case" moves forward.

[Fr_Chuck]

In Georgia We had some family friends, the boy was 17 or 18 and his girlfriend did oral sex, and he got 3 years in prison. Because she was 6 months under age at the time.