Legal Question in Family Law in Georgia
My Ex boyfriend owes me 21,000.00 and he hasn't seen or been involved at all in my children's life. It's been 4 years since he's even seen them. He hasn't paid child support since Sept 2011 and child support took him to court in Dec 2011 and he told them he has no job and no money. They suspended his license but he still hasn't paid any child support. My kids are 7 and 9. Can I file abandonment of a child for non payment of child support?
1 Answer from Attorneys
Once he goes 30 days without paying, you can take out a criminal warrant for child support in Magistrates Court.
Be aware of two "gotchas" you'll probably hit. One is that the state may not pursue the state case actively if you try a different remedy, although it sounds like they have done the things they can do. The other is that some Magistrate's Courts will try to dodge child support warrants by telling you to call the state child support unit, so if you wish to go the warrant route, be firm.
Jail can sometimes motivate a deadbeat dad, although be aware if he is really a bad person, he may choose to sit in a cell and not pay you.
With an arrearage that big, you may also want to consult with a collection lawyer to see if he thinks he can collect for a percentage of the recovery. If you wish to do that, you probably will have to close out the state case (discuss that with a lawyer before you do). This will only help if he does have a job or assets.
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