Legal Question in Family Law in Georgia
My husband is being taken to court for non payment of alimony..He has been divorced for 3 years and was ordered to pay alimony..After the divorce she was arrested for another issue and has been in and out of jail and drug rehab for the last 3 years..My husband and I have both lost our jobs and my house is probavly going into foreclosure soon..I am so afraid they will put him in jail for this..we cant afford an attorney..will the judge let him speak on his on behalf?..We now live in Fla. and he has to find a way back to Ga. to settle this issue..I need someones help on this issue thank you very much
1 Answer from Attorneys
The Judge will let him speak and explain why he has not paid, but it does not excuse the nonpayment. His inability to pay goes to his willfulness to violate the Court's Order. Make sure he has copies of his separation notice, a copy of the letter of foreclosure or showing that your house is behind in payments, etc. If you have written proof that he did not have the means to pay, i.e. the loss of a job, the judge will take that into consideration when determining if he is going to incarcerate him. Your husband could be incarcerated, it is a very likely outcome. What may also be helpful is if he can come up with a payment of some sort to give her on the day of Court or for him to attempt to make a payment before Court and show his receipt to the Court.He may be able to file a modification of alimony, but he would need to speak with a lawyer about how to go about doing this and if it is possible based on the type of alimony he was ordered to pay. (lump sum or periodic)