Legal Question in Family Law in Georgia

Collection of child support

Child Support Recovery has been handling a case for me for 3 years. My son has not heard from or been contacted by his father in almost a year. He has quit the job he had been working at for only two months, and now my child support payments have stopped, ( I only received a few). He supposedly has a workers comp claim pending, however there will probably be no settlement beacuse the employer said he quit, and has filed a bogus claim. I went to the courthouse in the county in which he lives and tried to take a warrant for abandonment........... I was told I could not because Child Support Recovery had to do this, however Child Support told me that there should be no reason for this denial of a warrant and that the courthouse/Magistrate should have given me a warrant!! How do I finally put this dead beat dad where he belongs, and make him purge himself a portion of the 22,000.00 that he owes his son???


Asked on 11/20/00, 3:41 am

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

Re: Collection of child support

I agree with Child Support Recovery. A warrant for abandonment should have been granted if the father has failed to pay any support to or for the benefit of the child, especially if he is under a specific order to pay a specific amount. I would suggest going back to the Magistrate and showing him or her OCGA section 19-10-1. There is nothing in that Code section or in any other statute of which I am aware that says if Child Support Recovery is involved that they must file for the warrant.

The statute does provide that in cases where the child is born out of wedlock, the venue is the county where the mother and child live. If your child was born out of wedlock and you live in a different county from the father, I suggest you try to get the warrant in the county where you and the child live, if you live together, or where the child lives child is living with someone else at present.

Have you asked Child Support if they would file the warrant application or if they would either go with you or give you a letter indicating their support of the warrant? Have you gotten a copy of the pay record from them showing when the last payment was received and that it was more than 30 days ago? Those things might help you with the warrant. Are you dealing with the Chief Magistrate or one of his assisting magistrates? You did not mention which county, so procedures may differ slightly depending on your county.

You could also file a contempt motion in the Court where the original order was entered. The Court would be authorized to award you and order him to pay some portion of your attorney's fees. The Court could also incarcerate him until he pays an amount set by the Court to purge himself of the contempt.

If I could be of any further assistance in this matter for you, please let me know.

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Answered on 11/28/00, 7:15 am


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