Legal Question in Family Law in Georgia

child support

My divorce took place in 1994. Our divorce decree states that my ex-husband is supposed to pay 20% of his gross income and provide a copy of his W-2 form to me at the beginning of each year. He has never done this, and I haven't enforced it. At this point, he is paying $400 a month child support, and has been for several years. I know, based on his job, that he should be paying at least twice this amount. I have been very lenient with him in the past, but am about to begin to enforce what our divorce decree states. My question is if I decided to ask for back pay based on his income of the last several years, would I be able to collect? Or, would the fact that I have accepted the amount he has chosen to pay negate his legal responsiblity according to the decree?


Asked on 12/19/06, 9:27 am

1 Answer from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: child support

The decree is enforceable as it is. You cannot waive your children's rights to be supported as agreed and ordered so he cannot argue effectively that you have waived your rights under the order. You will need to get documentation of his income for each year since 1994, from him or his employer or both and that can be done as part of the discovery requests in connection with a motion for contempt. You may also be entitled to interest on the arrearage, although recent changes to the law have made that more discretionary with the judge.

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Answered on 12/19/06, 9:59 am


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