Legal Question in Family Law in Georgia
peitition to change child support
My ex-husband serverd me with a petition to modify child support. He is asking to decrease the support because he has changed jobs and doesn't at this time make enough to pay the original amount. The papers state that it is a ''general summons'' and that I should ''answer'' to him and to the court. What answer do I give? They didn't ask me for any info. Also, my ex says that he already has a court date next month, but I have not been notified. Am I supposed to go? Thanks.
2 Answers from Attorneys
Re: peitition to change child support
An answer is a reply to the complaint or petition which has been served on you. It must be submitted in accordance with the rules of civil procedure. Generally, you have 30 days to respond and/or file a counterclaim. If you do not answer, then you are technically in default. If you do not show, then the court might grant him the relief he is seeking. You need to contact the court and check on the court date; it's possible that it was sent out and you didn't receive it. You need to consult with an attorney as soon as possible so you can defend yourself. By all means show up. Without having a copy of his petition, all the financial information and previous court orders it is impossible to tell you whether he is even entitled to a reduction.
Re: peitition to change child support
An attorney will need to develop an answer based on the individual circumstances of your case. You should employ an attorney to represent you as soon as possible because answers are due in 30 days (if your hearing is for temporary relief, it may actually occur earlier than 30 days). It will become harder to find an attorney to take your case as the court date approaches, so you should start selecting an attorney now.
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