Legal Question in Family Law in Georgia
Child Support Modification
I was recently divorced June 21, 2003 with 3 children Chiquita is 14, Byron is 8, and Kenan is 3 years old. I receive 125.00 in child support a week. I filed a petition to modify my child support order September 9, 2003 because there has been a significant change of cicumstances in my ex-husband job, he bought a house, checking account and a lot more changes. I had my ex-husband served October 7, 2003 by the sheriff in his county which is Wilkes county. The sheriff sent me a copy with his signature stating that my ex-husband was served with The Child Support Modification petition. I took the papers to the court clerk in Fulton county and had her stamped the sheriff entry form to show proof that he was served and to file with the petition stamped October 15, 2003. I found out that date that I had a hearing not to my knowledge October 14, 2003. I was not notified of this hearing. How can you have a hearing without the sheriff entry form filed and stamped October 15, 2003. I was furious and upset because no one could help me. Even though, the judge reset this case for November 12, 2003 but I was a failure to appear and my ex-husband had a contempt charge against me. Please Please Please Help me!!
1 Answer from Attorneys
Re: Child Support Modification
I'm afraid I can't help much. Try Georgia Legal Services and see if they have someone that can answer your detailed questions.
You should have gotten a notice from the court for hearing; not sure why you didn't. I agree that $125 per week is a small amount for three children but the figure was probably based on his income at that time.
The general rule for filing a modification to a final order is that you have to wait two years before you can file and seek additional child support. Based on what you've said I believe that your petition will be dismissed. The contempt charge might in part be based on the fact that you didn't wait two years. The fact that you didn't appear at the first hearing might be mitigated by the fact that you didn't receive notice. Since the case is reset for November you should try to get some time and go to a law library and do some research on modifications of divorce decrees. Look in the Official Code of Georgia 19-6-18 and 19-6-19.
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