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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111657
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex just filed child support against me in the state

Customer Question

My ex just filed for back child support against me in the state of Georgia. He has waited until the month before my youngest daughter turns 18. He has not filed for child support arrears for 13 years because he has denied me a relationship with my children (he is in contempt). He has said that he hasn't filed for support because, he hasn't filed taxes in over 10 years and he "is just glad to have that bitch out of my life." He drove me away from my children by constantly taking me to court to try and deny my visitation. Even though the last time I went to court the judge threatened him jail time, he still did it again. He started having my children lie against me. I ran out of money and sanity and didn't go back to court. I also quit paying my court ordered child support when I quit seeing my children. I have written many, many letters though the years, begging him for a relationship with my children. I also sent cards and gifts. I have copies of these letters and cards. Never did he try to collect at these times. I have always had medical problems and was ordered to pay child support based on the supposition that I could work. A minimum amount (at the time it was stated that I could remarry and not work, disability wasn't an issue) or a percentage. I was a stay at home mom while married. However, when I got out in work field my disabilities where more than I could conquer. I have been on private disability for 6 years and started receiving SSI about 3 years ago. My ex received a large check from Social Security when my SSI was approved and receives his monthly check from SSI accordingly. Also, I would like to mention there has always been a huge difference in what he earns vs what I earn. (he a lot more although he hasn't filed taxes) I did make more money than the minimum when I was working. Can he do this? Is there any limitation to the amount of time he can ask for this? Will I be able to ask for his financials? He is doing this now because he knows I have been waiting until both of my daughters turn 18 to try and communicate with them so he is no longer an issue for me. How far back does he have the right to go, when it is obvious he waited? Does the fact that I am on disability mean anything? Will any of this matter to the court? Is there a such thing as consideration?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if you stopped paying your ordered support without a court order, he has a right to demand payment of arrears. The non-payment of support can cause the state to suspend your driver's license and also your passport, so it is taken seriously.
I am afraid that the fact a person who owes support is on disability is not considered. In fact, one of the rare exceptions to garnishment of disability and SS benefits is for the payment of child support. So legally, the court can order garnishment of your disability and SS payments up to 65% of the checks.
According to GA law, O.C.G.A. § 9-12-60(d)), there is no statute of limitations on enforcement for arrears. So I am afraid he can come after you for the back support you did not pay and the court has to enforce the award against you.
Customer: replied 1 year ago.
So the inequalities of our earnings mean nothing? Should I counter sue for his contempt?
Customer: replied 1 year ago.
Will he have to provide his financials?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If he is withholding court visitations, you can file your own motion for contempt for him not allowing the visitations.
Unfortunately, his financial information and inadequacy of your earnings do not matter when it comes to a child support arrears case. They only matter in establishing support, but as support has already been established and you did not pay it, his financial information or earnings no longer are legally necessary to be proven in court.
Customer: replied 1 year ago.
He is asking me to provide my income from 2003 to the present? Does he have a right to all these years past? Will a judge make me pay the percentage over the minimum for the years that I made more?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, because your income goes to your ability to make the payments so the court can determine what percentage and how much your payment should be set at to repay the arrears.

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