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barbsrock · Oct 9, 2010, 04:43 PM

Me and my husband live in Georgia and he wants to voluntarily give up his rights because the courts have set an amount that is virtually impossible to pay per month. The mother of this child has custody of his daughter. Please help with any information.

cdad · Oct 9, 2010, 04:49 PM

When was the last time child support was set? Since it is your husbands children then it will be him who has to deal with it. Did he appear at the hearing for setting child support?

ScottGem · Oct 9, 2010, 04:54 PM

There is info on this in a sticky note at the top of this forum
https://www.askmehelpdesk.com/family...st-116098.html

The basic answer is forget about it. He can't voluntarily give up rights. Only a court can terminate rights and no court is going to terminate rights to allow a parent to get out of paying support.

barbsrock · Oct 9, 2010, 04:56 PM

I appeared a month ago and child suppport was set at a extremely high limit which was paid that month, which put me and my wife in a disastrous position. So therefore I am trying to turn over all rights to avoid going to jail since I am now unemploy

ScottGem · Oct 9, 2010, 04:58 PM

First please don't use the comments feature to post follow-up Use the Answer options

If your circumstances have changed then go back to the court for a modification. But forget giving up your rights.

Fr_Chuck · Oct 9, 2010, 05:03 PM

In Georgia it is not going to happen, you can not give up your rights, esp to stop paying support, it does not work like that, if if the courts would let you give up your visit rights, you would still have to pay child support.

And sorry in Georgia child support is based very fairly on income alone, it takes the custody parents income and the non custody parents income, it then figures how many days each year the child is with each. At most it would be about 25 percent of the non custodials parent income.

If there is a change in income the parties can apply for changes to the amount.

If you are unemployed you file for the new amount you are earning from unemployment

And you know the worst and sadest part I am reading is no concern, no deserve or worry about seeing your children, it is about jail and paying too much money.

barbsrock · Oct 9, 2010, 05:23 PM

When we got our divorce she sat with a lawyer without any proof of my income and made an assumption on what I was making which was about 100/ week for one child. It was before the law came into effect to add both parties income about 2 1/2 years ago. Since then I was in pdc for 2 years and when I got out my ex wife filed with child support services one month after I was released. I was court ordered to pay $700 in two weeks to pay up on some back child support and then ordered to pay $125 a week after that. Me and my wife are now in a bind. Me and my wife are unemployed due to layoffs where we were working and are unable to collect unemployement due to not being at the job long enough. Now I am facing going to jail for not being able to pay child support and not having the money to take it back to court to get the amount lowered. Me and my wife have a child on the way and are doing everything we can to stay afloat including moving back in with parents. I do not want to give up my rights but it seems like the only option I have, either that or go to jail. And about the not being concerned about seeing my daughter, I am very concerned but when I am unable to pay child support her mother makes excuses and makes it very difficult for me to see her. I have no real rights to my daughter, I don't even have visitation with my daughter, during the divorce I was completely taken advantage of and could do nothing about it.

DoulaLC · Oct 9, 2010, 05:51 PM

You need to get back in court and have the support and visitation straightened out. I am surprised that when you appeared in court in the beginning nothing was mentioned at that time.
Check with the legal-aid office in your area or inquire with several attorneys for assistance.
Assistance can be available at either no cost to you or for a minimal cost.

Fr_Chuck · Oct 9, 2010, 05:59 PM

Well giving up the rights is not even an option, since GA does not do that. So getting the child support set at proper limits is your only option

ScottGem · Oct 9, 2010, 06:22 PM

Originally Posted by barbsrock

during the divorce i was completely taken advantage of and could do nothing about it.

Sorry I don't accept that. YOU ALLOWED yourself to be taken advantage of. Why didn't you present evidence of income? Why are you not taking her to court to enforce the visitation order?

Sounds to me like you are just giving up and trying to take the easy way out.

cdad · Oct 9, 2010, 06:33 PM

Originally Posted by barbsrock

When we got our divorce she sat with a lawyer without any proof of my income and made an assumption on what i was making which was about 100/ week for one child. it was before the law came into effect to add both parties income about 2 1/2 years ago. since then i was in pdc for 2 years and when i got out my ex wife filed with child support services one month after i was released. i was court ordered to pay $700 in two weeks to pay up on some back child support and then ordered to pay $125 a week after that. me and my wife are now in a bind. me and my wife are unemployed due to layoffs where we were working and are unable to collect unemployement due to not being at the job long enough. now i am facing going to jail for not being able to pay child support and not having the money to take it back to court to get the amount lowered. me and my wife have a child on the way and are doing everything we can to stay afloat including moving back in with parents. i do not want to give up my rights but it seems like the only option i have, either that or go to jail. and about the not being concerned about seeing my daughter, i am very concerned but when i am unable to pay child support her mother makes excuses and makes it very difficult for me to see her. i have no real rights to my daughter, i dont even have visitation with my daughter, during the divorce i was completely taken advantage of and could do nothing about it.

Something else you may not understand. You can contact the state agency for child support and its free to get a modification based on changes in income. It will be temporary and you will have to let the courts know when you get a job again. But at least you can get some kind of break for now.

Also most courts have a sliding scale on filing fees so if your unemployed they can still push your case through. You just need to file the proper paperwork as far as getting visitation straightened out.

ScottGem · Oct 9, 2010, 06:47 PM

Comments on this post
barbsrock does not find this helpful : answer is stupid

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

You may not like my response, but stupid its not. And I believe it WAS helpful. It told you how others might perceive what you are saying. Maybe it gave you a wake up call. But I think, from what you have posted here, it's a valid opinion.