Legal Question in Family Law in Georgia
my boyfriend has been trying to get child support to take his payments out of his check.
when we first contacted child support and filled out the paperwork back in november the office told us that it would take atleast 4-6 weeks. when january came around no payments were being taken out and so he called the case worker working on his case and she said that he has a court date in march for not paying the child support.
they failed to send him a letter and so his kids mom confirmed that she recieved a notice for court and so immediately he payed child support for the month of january and we also spent 300 dollars on his 2 kids christmas gifts. now its in march we have to go to court in 3 days and just now 2 days ago child support just sends out the paperwork to his job and now they will finally start taking out 140/2weeks and we have court in 3 days... so my question is if the judge sees the records and proof that hes been contacting child support since november and its basically their fault that everything is getting set up slow then will he serve any time for not paying even though he has payed a payment and helps his kids mom out whenever he can and she has agreed that she will also be in court to attest to that. he does want to pay child support and see his children on the regular and be apart of their lives and we just dont know what to expect when we go to court. have you ever seen a case like this and if so what can you tell me about the possible outcome and what can we bring to make it easier on him and show the judge he is serious and not a dead beat father???
1 Answer from Attorneys
Your boyfriend is in trouble (and should have seen a lawyer a long time ago).
He committed a crime. Going to the child support office is NOT enough. Whether or not any order is in place, he was required by Georgia law to pay support at least once every thirty days. When they didn't take out anything in November ad December, did your boyfriend think he could get away with not paying?
I'd STRONGLY suggest he pay those amounts before court and bring proof to Court. That may help.
I'd also suggest he see a lawyer. If he wants visitation and other things that will NOT happen in a child support case and he needs to address that separately.
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