Legal Question in Family Law in Georgia
Modification
I was abused by my daughters father and went into a shelter after this happened. I got my divorce very quickly and was not really thinking about the outcome of what i was about to do. Anger was took over the pen as i decided to make sure he never layed his hands on my daughter. In the divorce it says that he is not the father of the child and he nor I can seek paternity of the child.this was in 1992 He is the father of my daughter. With out any dought .She is now 12 years old. He is now seeing my daughter she cals him daddy and I want him to pay child suport for my daughter. He has a good job and I dont think it is fair for me to have to take on the full finacial responcibility of this child. I do not have alot of money but the lawyer that will take the case if he can make him pay child suport if I can collect back child suport i will be willing to give 75 percent of the back child suport up.
3 Answers from Attorneys
Re: Modification
You should ASAP consult with a local attorney who can review all the pertinent documents. You might be able to get back and future child support.
Re: Modification
You committed perjury, which is a crime. Be aware that a lawyer must ethically advise you to turn yourself in when you admit to a crime and cannot assist you in covering up a crime.
But you also created what may be an unsolveable problem. Once a judgment on paternity is issued, it generally cannot be reversed. I know that I would not accept such a case myself (and I cannot speak for what other lawyers would accept) unless (1) you had a paternity test done (with his cooperation) and (2) he was agreeable to going into court to pay. As a general rule, you would not get back support (there is no back support to award). You might not get, because of your fraud, future support either, but I suspect many judges, with mutual agreement, would allow a modification. Without that agreement he has a VERY strong defense of res judicata, and while I can't say it is impossible, success would be unlikely and we would not accept the case without his cooperation.
Re: Modification
Note that in my opinion it would be an ethics violation for a lawyer to charge a 75% contingent fee. If we took such a case, with the father being agreeable, solely to set future support, and he agreed on all the terms, it would be for a flat fee and not all that expensive.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
