Legal Question in Family Law in Georgia
I got divorced while in the Army. The divorce took place in the state of Kansas. It was finalized on Dec-24-2008. I was honorably discharged from the Army under medical conditions on March-17-2009. I have one daughter with my ex-wife, and in the divorce, custody, and child support was set all at the same time. Child support was based off my current military income of around $32,500 per year or $2,700.00 per month . Now that I am out and disabled, I am living off of my Veterans disability which is about $16,800 a year or $1,400 per month.My income has been cut in half since my discharge. Since returning back to Georgia, where both my ex-wife, our daughter, and I live, I have informed child support services of my disability many times. Sending them letters and filling out their own forms asking for a review and modification of child support to income changing more than 15% (per Ga law) and due to me not being able to work. They refuse to modify anything, and even told me I appear fine and can work because I can walk. I am an 80% Service connected veteran (with a spinal injury [so much for their theory])!! DCSS finally took me to court for contempt of court. I couldn't pay the full $367.00 per month while waiting over a year for the VA to give me my rating and start paying me. I was literally jobless and income-less and declared by doctors to be mentally and physically unable to work which I incorporated into the paper work I gave them.
Finally, at the court hearing I showed the judge my income of my initial rating which was initially $974.00 per month. He dropped the child support obligation to $225.00, however, arrears would still add up for the $367.00. Meaning as long as I paid $225.00 per month legally DCSS couldn't take legal action against me, however, I would still be obligated to pay the $367.00 at some point. So, every month, $142.00 a month is adding up.
Can someone please help me?
1 Answer from Attorneys
You need to file a modification action ASAP. Under the new child support guidelines you are entitled to an expedited hearing on this matter. From the time your ex is served the judge can make child support retroactive from that date. I would suggest looking at fulton county clerk of court family division website for form if you can't afford an attorney. You may also be eligible to file a paupers affidavit to waive your filing fees.
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