Legal Question in Family Law in Georgia

My ex husband and I divorced in 2009, we had been seperated for two years. I retained custody of our son. I had child support set extremely low due to travel related expenses that he would incur. He lived four hours away but in the same state. I also agreed to drop off/pick up our son for his summer visitation as a gesture of good will due to his father having to do a lot of travelling every other weekend to visit our son. Six months later he moved to OK, 18 hours away. He never visits our son and is behind on child support. CSE has taken over that portion but he is still over $800 behind. I am going through a tough time financially lately and offered that if he would come pick our son up at the beginning of the summer, I would go pick him up at the end of summer. He refuses and says he will hold me in contempt of court. He's done some things which make me think that custody may become an issue as well if he takes me back to court to hold me in contempt. I cannot afford an attorney right now. What can I do to make sure that I have every advantage possible? My son has good grades, no excess absences, attends church, has lots of family here, etc.


Asked on 5/02/12, 10:56 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You haven't said hwat the papers require you to do but you CANNOT ignore a judge's order without consequences. So until and unless a judge changes the order you certainly can be found in contempt if you violate it. It is not likely that a parent who never visits his child and is behind on support would get custody, and you of course also can enforce violations he may commit. But you should NOT worry about a case that does not exist until and unless it does. And, in the meantime, you should comply with the divorce papers.

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Answered on 5/02/12, 11:09 am
Tahira Piraino Tahira P. Piraino

It sounds as if you need to file a modification of the exchange, as well as the amount of child support. You really should retain an attorney. In the interim, comply with the order.

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Answered on 5/02/12, 11:14 am


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