Legal Question in Family Law in Georgia

Ex lied to get out of paying Child Support

EX was injured in a car accident prior to our marriage and subsequent divorce.

I have had custody of the kids since 1998; she is now trying to convince them to live with her (13 & 14).

She used her disability (brain damage) as an excuse to not pay CS (child support). (Instead of regular CS, she was only ordered to pay $500/year/per child - which she doesn't pay).

The Decree states, ''Due to wife being unable to work because of her disability...''

She is now working full-time.

Her injury is not something that can be ''cured''; she only said she couldn't work to get out of paying CS.

Can I go after her perjury?

Could I potentially collect back CS?


Asked on 10/26/07, 12:47 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Ex lied to get out of paying Child Support

Based on the limitied info provided, it appears that, if she was ordered to pay $500 per child as child support, she owes you $9,000.00. You can collect this with a contempt action because she is violating a court order. I;d forget the perjury, I'm not sure what that would get you. It would be hard to prove she didn't believe what she was saying a at the time and too expensive to worry about. You should focus on the $9,000 for the 9 years she was supposed to pay you the $1000 per year. If you like, you can carry her back for a modification, also, and start getting child support if the circumstances have changes and the children are still living with you. Also, at this point, a 14 year can make a binding election to select their parent. But, beginning next year the law changes and it will not be binding but just considered by the judge. If she wants a change of custody it will be her to her to file it. It's not automatic.

Read more
Answered on 10/26/07, 2:38 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia