Legal Question in Family Law in Georgia
back child support, workmans com[
I have been divorced for 12 years, have custody of two children ages 15 and 13. Ex is in some workmans comp suit, and has offered a settlement of 30000.00 He owes in excess of 49000.00. My attorney has said they do not have to disclose the settlement amount, and if I do not settle with him now, I will not see much. Is this correct ? help me please.
1 Answer from Attorneys
Re: back child support, workmans com[
Assuming you have a court order for him to pay the child support, then each installment is a judgment against him. You should take action to reduce the amount owed to judgment, either by a motion for contempt or by filing for a fifa (including interest). I would certainly put his comp attorney on notice of the amount of the judgment and make a demand that he pay over to you the amount of the judgment, I would also use the discovery process to find out more about the comp case so you could identify the insurer on the comp case and similarly put it on notice of your judgment. If you file a motion for contempt, your attorney could ask your ex on the witness stand in front of the judge and have him provide all of these particulars and even ask the judge to specify in his order of contempt that your ex must go to jail for the contempt unless he purges himself by paying you out of the comp proceeds.
The law says you cannot waive your children's right to support from their father. You should not compromise if the amount is undisputed.