Legal Question in Family Law in Georgia

Re: Can I ask for judgement for back child support?

Each installment of child support is a separate judgment arising out of the Final Decree or other court order establishing it. What seems to be needed is to reduce the total amount owed to a judgment. A contempt is one way of doing that, but so is filing an affidavit for fifa.

The contempt is probably the better way to go so you can also establish interest on the past due amount. The law on this is about to change so you should file soon and get a hearing before January 1.

You can tell the judge you do not want him jailed (no guaranrtee it won't happen, though); you just want to reduce the amount to judgment and have it paid when he recieves his money. That would also give you a chance to put him under oath about the inheritance and get the details about it.

Re: Can I ask for judgement for back child support?

Yes, you can get a judgement on the arrears and if necessary modify the amount if his income has changed. Be aware that if his income has changed then he may seek a downward change in support. If he is working then you should seek an income deduction order so that the support can be deducted directly from his check every week. It's better for both. He doesn't have to worry about proving that he paid and you don't have to worry about getting the support. As to whether the judge will lock him up--probably not if you don't ask but it's up to the Judge.