Legal Question in Family Law in Georgia

Re: Ex-wife misusing child support

Georgia is difficult in this area. The courts do not normally require the custodial parent to actually account for the manner in which child support received is disbursed. The amount is largely based on a schedule which takes into account the non-custodial parent's income, and is always subject to change as income levels change. About the only way to get this remedied is for the support-paying parent to go back to court and complain that the ex- is not properly caring for the chldren or applying the support to their benefit. Problem is, she can counter that the support is inadequate, and that she is doing the best she can. Worse, if his income has increased since the last order, she could counter with a demand for an increase in support. She might be planning to do this anyway, given her comment about how well he and you are living. So, what I am saying is the judge could just decide to remedy this situation by upping your husband's support obligations. The thing he should probably be prepared to emphasize here is that, if she is able-bodied, she should be ordered to start looking for work if she isn't. The court could do that, and could even require her to submit reports of her efforts. I'm not saying the court will, but it could. But, the reality is, any going back to court puts your husband at serious peril of a child support increase. So, he pretty much is left with no good solution. If he could show she is taking good care of herself, but neglecting the children, or squandering money on stupidity or drugs, he might consider taking her back and demanding custody, but he must be financially and emotionally prepared for the possibility of just being ordered to pay more. I strongly recommend that he immediately consult a family law attorney.

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Re: Ex-wife misusing child support

Let me offer a practical suggestion. One that I have seen work in similar situations that defused things and avoided more costly litigation. Have your husband suggest to her that the kids come over more often and he will feed them generously. Have him take them on a little clothes buying excursion. And, if they are able to speak, have him tell her that she simply has to look for work. This might make her think twice about going back to court, and might avoid him needing to. He might also get to see a lot more of his children. This is more than a legal matter. If his children are becoming malnourished, he needs to take action if he is able, and the law be damned.

Re: Ex-wife misusing child support

This is pretty complicated and hard to answer in this type of forum because all the facts need to be investigated. Your husband should consult with a local attorney. He may be able to file a Petition to modify the support and/or custody because the ex is not using the money for the children's needs. I realize that you do not actually want custody; this just may be a way to get the matter before a judge who may order her to "do right".