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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13066
Experience:  Licensed experienced Attorney
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What reasons will a judge accept for failure to pay child support?

Resolved Question:

What reasons will a judge accept for failure to pay child support? Hearing tomorrow.

Some background:
My business was stolen from the inside. Bills kept coming but income dropped drastically.

Tried to hold it together but became very depressed.

Am on anti-depressants now and am trying to get things back together.

I have some money coming in from an estate in a couple of weeks - to my business.
It is taxable so not all profit. Can they make me give every bit of it to my ex-wife or go to jail?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about your difficult situation.

There is hardly any legal defenses as it related to failure to pay court ordered child support.

Can you please let me know how many months are you behind on your court ordered child support and if you made any good faith effort to make any payments for the back owed child support?

Did you sign the agreement for the assignment of your rights to the proceeds of the estate?
Customer: replied 1 year ago.

Paid one month.
I have lost my franchise, my car, am renting my house to prevent foreclosure - so am almost homeless.

My mom took over car payments for my daughter of $200 month but that probably doesn't count.

I did not sign this consent order - never discussed it. I never even saw it. Was told about it and told the judge signed for my release from jail so I had to leave.

Now my lawyer and her lawyer have agreed to a hearing in the morning. It was a hearing set up a month ago that I was told was moved to June 19th. Now they are saying it is on for tomorrow morning. I have no time to get another lawyer.
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Did you discuss this issue with your current lawyer? What is his/her position in this?

Were you ordered to be in jail due to contempt of court related to your failure to pay child support and did the judge release you from jail based on the agreement that your estate proceedings would be turned over to the parent to whom you owe child support?
Customer: replied 1 year ago.
I know I should have tried to handle this differently in the past. I love my 2 girls and have been very involved in their lives.

This lawyer seems to be a puppet for my ex-wife's lawyer who is also a family court judge. Maybe he is afraid of him.

He says he agreed to get me out of jail and that is all.

I was put in jail for about 20 months not paying.
I did not get the notice of the hearing even though they left a message on my cell phone.

The original offer was that I pay 15,000 cash and make a plan to repay the arrearage. She claims I owe 34,000 in child support and other fees. I disagree with some of that.

I was told I needed to leave the jail because the judge had signed and sent over an order. I told them that I did not agree to the consent order.

The hearing for tomorrow was set a month ago so that I could show I had done my time and was ready to try to start paying again.

Now it is going to be all about this order that I "refused" to sign.

I feel this as a conspiracy between my so called lawyer and my ex-wife's.

Should I expect my lawyer to try to negotiate?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

This is a very tough situation.

Basically, if you refuse to sign the "consent order" the judge can send you back to jail for contempt due to failure to pay your court ordered child support and since you do not trust your local attorney to fairly and adequately represent your rights and interest in this case, the only real option that you might have is to ask the court for continuance, if you do decide to fire your local attorney, so you can obtain a new legal counsel.

Also, if you feel that your attorney is not representing you competently or in good faith, you can file a complaint against your local attorney with Georgia State Bar at:

http://www.gabar.org/forthepublic/fileacomplaint.cfm

Also, you can consult with a local legal malpractice attorney who can evaluate your case and could let you know if your current attorney might have committed legal malpractice.

You can find an experienced and reputable local plegal malpractice attorney by using these well trusted and reliable attorney information / referral websites:

www.martindale.com
www.lexmundi.com
www.justia.com
www.lawyers.com

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13066
Experience: Licensed experienced Attorney
Alex J. Esq. and 3 other Family Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 1 year ago.
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