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stressedmomof2 · Apr 14, 2009, 09:35 AM

I have a 3 year old child out of wedlock and I broke up with his father since September 2008. He was abusive and I had him arrested. After he got out of jail, I allowed him to still see our child. We agreed that he would pay the child support without the courts being involved. Well of course that didn't work because he wasn't constant on his payments. So I filed for C.S with the state of Georgia. He received notice at his new residence on a establishment hearing and went CRAZY. He began to Verbally abusing me and I still allowed him to see OUR child. At the estabishment hearing which was in January 09, he didn't agree with the amount that he was ask to pay. So he requested the case go to court. Since then he was paying a little here and there for Daycare. That was until he was unable to Claim our son on his taxes. Its been almost 7 months since Ive filed for C.S and 2 since the C.S Office contacted me and told me that my papers were sent to the county clerks office for a court date to be giving. I was told that it might take 60-90 days before a date could be established. I can't understand WHY this is taking so long, when they have ALL his contact information. Im tired of going through the loop with this guy and I want to just go down to the courts and file for child abandonment, but Im unsure if I have grounds to do so. Can someone point me in the right direction. Let me add that he is still driving a car that I paid for and is still in MY name, hasn't made a payment on the title loan which was the agreement. Ive demanded the car back and he just brushes me off. Im trying to avoid any confirmation with this guy because of the past abusive ways. I need HELPPP.:mad:

stevetcg · Apr 14, 2009, 06:17 PM

Well, for one thing, the car is yours. Report it stolen.

As for abandonment, you do not qualify if he is still part of your and your child's life. In GA the abandonment laws are really only used to prosecute parents who do not pay their ordered support anyway, so it really does not do anything to help your current situation.

cdad · Apr 14, 2009, 06:39 PM

Also you should be applying for a restraining order against him and in that order you can request custody. At that point you can ask for supervised visitation. That way you and the child don't have to deal with the drama.

Fr_Chuck · Apr 14, 2009, 07:41 PM

First demand, and don't worry what he wants or things, refuse to even talk to him, period, tell him to talk to your attorney and leave it at that.

Do it though court, until you get a court order for support, in GA he owes you nothing legally, so get it into court faster.

stressedmomof2 · Apr 15, 2009, 07:27 AM

So where would I go to file for Full Custody of my Child? Can I file at the police Dept along with the Restraining order?

As for the Vehicle I have reported it stolen already and took the insurance off the car as well. He still is Driving like the car is Legit. He REALLY wants me to care whether or not he gets to work when he does help me out. In the beginning I was feeling like that was the only option he had to get to work, plus I didn't want to give him an excuse not to support his child. Let alone blame me for losing his job. I was going to call the Title Loan People to come and get the vehicle from his home. But at the speed the court is going, I might need to get that car back because my new car might be REPO'D. Im really unsure what to do right now on this car situation. Please give Advice.

ScottGem · Apr 15, 2009, 07:45 AM

GA does use the charge of Child Abandonment to cover a situation where a parent does not properly support their child. However, I think the issue is moot for you since you have already filed for support. Your best bet is to try and pursue the support issue, to either get emergency temp support or get the hearing pushed up.

As for the car, I would hire someone to repo it. Or, tell the police where you think it can be found.

tearia1999 · Apr 16, 2009, 07:54 AM

Hi, I live in GA and I am in a situation like your. As long as a parent does not provide any support for at least 30 days, then you have the right to take him to abondment court. If he doe not have a valid reason for not supporting his child then the judge will put him in jail and he will have to bond out. Now when he bails out that money don't go to you it goes to the county. You can file this every 30 days. I know this for a fact because I've done it myself. As far as the child support you can go to superior court and file to have a child support order and enforced. That will cost $78.00 to file and $25.00 to have him serve. The court will give him 30 days to file an answer and then you will be issue a court date. I filed mine Aug of last year and we just got a court date for April 20. I was told it took so long because one judge was dismissed and another one had to take over his old cases. To me its worth it and the process is faster than going through child support office. I went to the child support office in 2006 and they never did anything about getting a payment until I called legal aid in GA and they told me what to do and I did it. The abondment court got him to make payments, but he owes me a little over $8000. I really didn't want to do it, but him and his wife feels like since I'm married he don't need to support his child. I don't know what county you live in, but I live in Gwinnett and that's the steps I've made now its up to the judge what she will decide. As far as your car get the police to go to his job, because since you cancelled the car insurance your hurting yourself because you will have a flag on your license and you will have to pay a fine for not having insurance on your car for thirty days or more without turning in the tag. Let the police know your car was stolen and give them the location of your car. AS far as the restraining order you go to the jail house or court house and file one. To file an abondment charge is $10.00, but the judge will usually waive it for you and he will get a letter mailed to hom to go to court and if he don't show up a warrant will be issue. I know exactly what your going through. If there is anything you need to know just ask.

stressedmomof2 · Apr 29, 2009, 06:00 AM

Thank you very much Tierra 1999. I actually HAD a court date setup for May 6 with Dekalb Co. and was told by DHR that the date was booked. I went down to the office of C.S and spoke with one of the support agents and was told that the next court date is June 24. OMG, I can't deal with this mess anymore. The agent told me, I would probably not receive anything until August since the court submits all orders in the 1st week of the month. Im horrified because Its like Im not getting anywhere with this man. I live in Rockdale Co. and doubt I would have to wait this long for a court date and here I am dealing with Dekalb Co and they've had my application since Oct of 2008 and nothing is happening. I told the child support agent that I am going to file abandonment on this guy because I can't take it. I was told by the same agent, that might be the best thing to do. My child's father has a court date for the domestic violence case that lead to this Whole situation in the first place and Im not required to go but I can still be present. This is just for him to submit his plea and he has 5 charges against him. I just want to get through this whole ordeal and move on with my life but I have to deal with him basically manipulating me about the whole car thing and child support. Ive have decided to call the Title Loan people and tell them where the car is and let deal with the repo mess. I just hope it's the right decision because I am 3 months behind in my car note it's really getting to be a lot too much for me. I just pray that God orders my steps.

tearia1999 · Apr 29, 2009, 09:45 AM

Hi, since you live in rockdale county why are you filling in Dekalb county. You are suppose to file a support order and abondemnet order in the county you and the child lives, not where the father lives. I'm surprised the CS office and the court didn't tell you that. Good luck and if you ever need any other advise just ask. As far as you being three months behind on your car the loan people can work with you, because they don't want your car. Don't let them repose it, just call the police and let them know where it is. They will get it from him and take him to jail for theft.