[amyh]

I filed child abandonment charges against my child's father. He has given me no financial support in 30 days. I filed for child support in Jan and still no order. I want to know what kind of evidence I need to bring to court to make sure he is prosecuted?

[cdad]

Its going to be thrown out. You have no case.

[Fr_Chuck]

In this case it is most likely in a state like GA that uses the term "abandoment" for failure to pay child support.

*** no idea why they don't just call it failure to pay child support.

It is up to him to prove he has paid any court ordered support. If there is no support order, he does not owe you anything and you have no case

[stinawords]

As said you have no case to bring against him. It has only been 30 days and there is no order to say that he is required to pay it. Get the support order in place then if he does not pay according to that order then you can take him back to court to have it enforced.

[amyh]

I lived with him for the last 3 years, he filed an eviction, didn't win, he turned the power and the water off the day I filed child support and came up to my job and took his car and left me to walk to pick our child up, and he owns the house. I was a stay at home mom for 7 months until Jan 13. When he did all of this I was only on my 2nd check and he told me he didn't care where we stayed or how we got there. We moved out on Feb 18, and nothing since then. There has got to be a way to enable a person from doing their own child in this matter. Please help me.

[stinawords]

Why hastn't there been a support order yet? I know you filled for it have you been to court yet? What state are you in? That will make a huge difference in our answeres because each state has their own set of laws a lot of them similar but not all exactly alike... some of them quite different too.

[amyh]

I am in Georgia, gwinnett county, and I filed Jan 27, 2010 and the courts and dhr are that backed up. They haven't even assigned my case to anyone. They said we won't have a court date until June or Sept. I go to court against him today at 6:30 pm and our baby is only 10 months old.

[stinawords]

What are you going to court about tonight? I believe that the courts are that backed up... they are in a lot of places. The support order, when issued, could date back to the time it was filled for so not only would there be current support but also a small amount of back support. This does not mean that it WILL happen this way but there is a chance of it.

[amyh]

The abandonment application is what I am going for tonight.

[Fr_Chuck]

Yes, Abandoment in the state of GA is merely failure to pay child support, not deserting you and the child or kicking you out.

You have several cases
1. illegal eviction if he turned the power off

2. if your name is on the car that is another isue

3. child support. He is not late or even owes any till there is an order, it may go back to the time you filed.

[Marissa24]

Abandonment is technically leaving the child... not being able to pay child support. If its in papers that he is supposed to pay you, rest assure he will eventually go to jail for it... it just may take awhile. Best of luck.

[amyh]

We went to court and the judge gave us a continuance until April 28 and told him he needed to mail me some money in a money order and that a $100 was not sufficient and she would finalize it then. I do have a case after all and she did insist that he pay for his child. Thank you GWINNETT County for the laws to protect our children.

[stinawords]

Well good luck to you please let us know how it all worked out after the 28th.