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13224932 · Dec 26, 2012, 06:23 PM

I'm married with three small children. My husband moved out Nov 1st without warning, and refused to pay child support. I filed a Abondment warrant because he's not paying anything to helpme. What should I expect in court?

fredg · Dec 26, 2012, 06:27 PM

Do you have a lawyer? If you have a lawyer, then there will be many questions as to why he moved out, and why he isn't talking about supporting the children. Please get a lawyer, if you don't already have one. It will make a GREAT deal of difference in court. I do wish you the best, and Happy New Year. PS; you should be awarded some child support, but you didn't say where you live, as some laws might be different in many areas.

ScottGem · Dec 26, 2012, 06:45 PM

First, ANY question on law needs to include your general locale as laws vary by area.

Are you in GA? That's the only state that I know of where you can file a "abandonment warrant" for non support. Have you filed for divorce yet?

Whild having an attorney is a good idea, especially if he gets one, it is not absolutely necessary in Family Court. Family Court is generally more user friendly.

The court will probably require your husband to provide proof of income, then set an anount of support once he does.

13224932 · Dec 26, 2012, 07:16 PM

I live in Cobb County in Georgia and don't currently have a attorney. We were arguing about money constantly and he said he didn't want to go to jail. We have been married for 13 years. I'm not financially in a position to pay for a divorce or consider it right now. I want to get him to understand that he's responsible too. I filed for child support also with the State of Child Support Division in Georgia

Originally Posted by fredg

Do you have a lawyer? If you have a lawyer, then there will be many questions as to why he moved out, and why he isn't talking about supporting the children. Please get a lawyer, if you don't already have one. It will make a GREAT deal of difference in court. I do wish you the best, and Happy New Year. PS; you should be awarded some child support, but you didn't say where you live, as some laws might be different in many areas.

13224932 · Dec 26, 2012, 07:29 PM

Originally Posted by ScottGem

First, ANY question on law needs to include your general locale as laws vary by area.

Are you in GA? That's the only state that I know of where you can file a "abandonment warrant" for non support. Have you filed for divorce yet?

Whild having an attorney is a good idea, especially if he gets one, it is not absolutely necessary in Family Court. Family Court is generally more user friendly.

The court will probably require your husband to provide proof of income, then set an anount of support once he does.

I do live in GA. I haven't filed for a divorce yet. I filed for Child Support with the State Division. I don't have court orders yet. He moved out because he didn't want to be responsible and we were arguing about money on a regular basis. He gave the kids a few Christmas gifts, but has yet to give any money for support since November 1st.

ScottGem · Dec 27, 2012, 04:10 AM

Here is the pertinent law: Georgia Georgia Abandonment of Spouse or Child - Attorney Trey Phillips

You said he left on Nov 1 so you could file on Dec 1. It appears you don't have to file for divorce to charge him with abandonment, but I'm not sure whether a court will order support under this law or apply criminal penalties (jail).

I would check with local law schools, some have clinics that can help you understand the law and prepare paperwork and strategy.

As for affording to file for divorce, unless he contests it, it should not be expensive. But I'm not sure if a support order can be issued until you file for divorce.