Legal Question in Family Law in Georgia
Contempt and Child Support Modification
My husband had a nasty divorce with his ex-wife. He has joint-legal custody of his 5 year old daughter. His ex-wife has been in contempt now for well over 2 years and nothing has been done about it. We filed contempt charges over 2 years ago and went to court roughly a year and a half ago. The ex-wife asked for extra time to consult with her attorney. The judge gave her 30 days to give him her response and it has been a year and a half now. The mother has since moved to NC and did not inform my husband and even refused to tell him where she moved to at first. My husband and I are having financial difficulty right now and are actually on food stamps. We have been asking our attorney to modify child support for over 2 years now and he's said he could not. Now we finally have court on March 27, 2007 and out attorney out of the blue says he can modify child support but he is demanding $2000 that we do not have. We have asked if we could file modification ourselves and our attorney has said no. Also, the ex wife has postponed mediation, hearings, etc constantly. Now our attorney gets us mediation with the ex-wife's step-brother being the mediator and has a problem with us wanting to change mediators. Please help.
1 Answer from Attorneys
Re: Contempt and Child Support Modification
Your best alternative may be to explain to your attorney that you would like to attempt to work things out to continue his representation, but tell him using the currently scheduled mediator is unacceptable. As far as filing modification yourself, self representation usually is a last resort and any move to do so should be carefully considered.