Legal Question in Family Law in Georgia
I divorced in 1999 when my son was age 1. My ex-husband agreed to provide his tax papers from the previous year on the anniversary of our divorce Nov 1 to adjust child support at a percentage rate of 20% of gross income divided by 12 months. He has done so twice and threatened to either make my life very hard his words or attempt to alter my custody when I asked him for his tax returns. The last time he showed his papers was in 2007. In the last year he has remarried a woman with three children and now makes payments he feels are appropriate which is under $400. He makes approximately $65000 a year. I have filed a case with the Dept of Human Services and, after 6 very long months, the case will be heard on Thursday. However, looking at the court papers, it seems the case is merely to establish an amount for the future. There is nothing about arrears for the past few years. I cannot get anyone to contact me from the DHS for answers. Do I need to file a petition for contempt to get relief since 2007?
1 Answer from Attorneys
If you are seeking past numbers, yes, you have to file a contempt and will need to have your attorney file appropriate discovery to get the needed tax records.