Legal Question in Family Law in Georgia

Re: Non support of children

If this mother is the primary caretaker of infants, it is highly unlikely that a court will take punitive measures against her or order her to find a job. It is imperative that child support arrears be reduced to a judgment and that you request that any payment of arrears be collected by the Child Support Collection Unit (CSCU) for the state where the children reside if such an agency exist in the state.

In New York, out of work non-custodial parents are sometimes ordered to pay a minimum of $25.00 per month. You can also always go back to court if you suspect that the mother has gotten a job and petition for a modification/renewal of child support.

Re: Non support of children

It is NOT ILLEGAL, for a Non Custodial parent not to be employed. However, if a non custodial parent owes child support Arrears, per an existing Court Order. And, has assets, income or a "present" ability to acquire income, then the Court, in some instances will hold the parent "in Contempt of Court" and put the Obligee parent in jail, until they pay the Arrears.

However, a NonCustodial Mother, who is a primary caretaker of infants, less than 5yrs old, is VERY unlikely to be ordered by a Court, to get a job, or go to jail, in order to compel payment of child support or arrears, for her older children, living with their father.

A parent is obligated to pay support for "Unemancipated" Children, to either 18 or 21.

Please note: The age of majority in NY is 21, but in many other states it is 18. It depends on which state has continuing jurisdiction over the children and the child support issue.

A Judgment for Child Support Arrears may be collected or enforced, even After the age of majority, if it remains unpaid. So, be certain to have the Arrears reduced to a Judgment that will be collectible even after the children reach majority.

You can also argue that the child support previously ordered should continue and NOT be downwardly modified or reduced, ..... on the grounds that Her older children should not be penalized, because of her choice and election not to return work, (work that presumably still exists and that she is capable of performing). That argument is a long shot, but try it.

If you are the stepmother, it is suggested that you "but out", despite your feeling "put upon."

Your involvement or input in any way, can only aggravate the situation and the people involved in a way that will be unhealthy for the children and your marriage.

Good luck,

Phroska L. McAlister,ESQ

Re: Non support of children

Since I am uncertain where you were divorced, I will assume Georgia. The answers also depend on the language in your divorce decree and your divorce settlement agreement. In most states, the payment of child support is determined by the amount of money the non-custodial parent earns. If she is not earning any money, you will most likely not be able to collect any child support. Most states end child support at age 18, unless there is some language in the divorce decree or divorce settlement agreement that extends it beyond age 18. You may also wish to look at your divorce decree regarding visitation.