Legal Question in Family Law in Georgia

About 2 years ago, my hubbies ex released him of his child support arrears. They both went before a judge and the judge agreed only because the arrears are from the time that my hubby had custody of the child due to the mothers drug abuse. Less than 6 months later, she went back before the court and refiled a motion to revive the arrears. My question(s) are as follows: Can the arrears be revived once they have been dismissed by a judge? How does my hubby get a copy of the agreement that dismissed the arrears? The clerk of court says that's not something that gets filed with them. The only people who seem to have the copy if child support enforcement and they won't give him a copy because they say that it's private info in her file. Any help would be of great help. P.S. I live in GA.


Asked on 6/15/14, 5:04 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Arrearages never go away, so your husband is mistaken. An agreement not to seek an arrearage is unenforeceable, so even if she dropped the case and dismissed it, which sounds like what happen, she can refile and seek the arrearage, plus interest, at any time. Tell him to pay it off so he doesn't risk contempt, arrest and loss of his driver's license.

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Answered on 6/15/14, 5:07 pm


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