Legal Question in Family Law in Georgia
I have been divorcedfor a year and half and in my divorce papers my ex was granted visitation on the weekends ( every other weekend), and ordered to pay 200.00 a week in child support. Resently he has stopped paying child support because I stopped letting the kids come to his house because my daughter found drugs in his and his new girl friends room. I do not have the oney to go to court at the present time. I need to know what to do so he can not find me in contempt of court for not allowing the kids to visit and how to make him start paying his child support.
2 Answers from Attorneys
You have no choice but to go to Court. If you hire an attorney, which I highly recommend, you can ask the Court to make the ex pay for the Court costs, your attorney fees, etc, for making you come back to Court. I don't recommend it, but you may go to Court without an attorney. Either way, you cannot sit on your hands and let Dad take action first -- the Court will have no sympathy for you. You also cannot tell the Court that you made a unilateral decision about your child not going to the ex's for custody visits -- ONLY THE COURT CAN MAKE THE CHANGE.
Best of luck.******The above is intended for informational purposes only and does not create an attorney-client privilege.*******
You HAVE to go to Court, and you NEED a lawyer.
Your denial of visitation was a bad legal move as it means YOU are in contempt. While he also is in contempt, and can be punished for that, your remedy was not to violate the judge's order, which risks jail and even him getting custody, just like his remedy was not to risk the same things.
Get in compliance with the order yourself. Then talk to a lawyer. Even if you file pro se (not a great idea) your case is stronger if you are not in violation. You probably will do both a contempt and an attempt to modify visitation to at least require drug tests or supervision.