Legal Question in Family Law in Georgia

Interpretation of Divorce Decree
Hi, in my final divorce decree it reads, ''It is agreed and understood that the Defendant will not pay to the Plaintiff as alimony for the support and maintenance of the minor children, but that said children receive a check from the Social Security Admin. for the amount of $61.00 per child per month at the present time. When and if said defendant gains employment, the defendant will then pay $50 per child per week child support to the Plaintiff.''
In 1989 when this order was made final I was receiving Soc. Sec. Disability payments. In 2000, I tried to go back to work unsuccessfully, and ended up having to fight Soc. Security again for the next few years. According to the divorce decree, was I under obligation to pay child support when I was unable to work?

Asked on 10/13/08, 11:56 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Re: Interpretation of Divorce Decree

If by tried to go back to work unsuccessfully you mean you got a job and lost it, I think the ONLY clear way to read that is at that time and since you owed the monthly support. However, I haven't read the whole agreement or know which side drafted it, which matters. It's very sloppy draftsmanship and you should talk with your attorney from the divorce to discuss this.

Answered on 10/13/08, 12:12 pm

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