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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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How do I collect back child support in the state of Georgia

Customer Question

How do I collect back child support in the state of Georgia? Both of my children are now over the age of 18. My ex-husband lives in Wisconsin and he owes close to $200,000.00.
Submitted: 6 years ago.
Category: Family Law
Expert:  LawTalk replied 6 years ago.

LawTalk :

Good afternoon from Savannah,

I'm sorry to hear of your dilemma.

According to Georgia law, (O.C.G.A. § 9-12-60(d)), for orders issued on or after July 1, 1997 there is no statute of limitations on enforcement. If the installment for child support was due before July 1, 1997, you only had a period of 7 years to sue to enforce that amount.

After the age of 18 the state will no longer assist you in collecting the support. You must file suit against the other parent and obtain a judgment against them. With the judgment you may then go to NY and have it domesticated in the courts there. NY MUST allow you to enforce your judgment in that state. You can then garnish wages, levy on bank accounts as well as attach and sell property and lien real property.

So, to the extent that you were not paid support at anytime after July 1997, you may now file suit---you will certainly get your judgment---and then you may collect from the deadbeat parent in the state they live in.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,


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Expert:  LawTalk replied 6 years ago.
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Customer: replied 6 years ago.
He lives in Wisconsin and not New York. He lives with his girlfriend and everything is in her name. She is a veterinarian and pays him under the table. He has done everything in his power to avoid paying. He is supposed to be on parole in the state of Georgia but moved and has avoided that issue also. I am not really interested in sending him to jail but how can he continue to make money tax free and avoid his obligations?
Expert:  LawTalk replied 6 years ago.
I'm sorry for the error. But whether it is Wisconsin, or NY, you may collect on your GA Judgment in any state in the US.

If you can show that he is being paid under the table, then you can collect.

It can be frustrating to try and collect from dead beat parents who have learned the ropes--which is why I suggest that you try to find an attorney local to him to act on your behalf. If he doesn't have assets not, he will at some point in his life, and if you can prove that he is hiding assets, or has transferred assets in an attempt to avoid a judgment being enforced, you may ask the court to set aside such transfer as fraudulent.

I wish you success.