Legal Question in Family Law in Georgia
My ex and I share joint custody of three children, though physical custody of two girls are with him, and I have physical custody of our son. I recently filed for contempt against him because he is in violation of our ordered visitation.
I filed, had him served, and now he has answered but also included a counterclaim.
He is claiming in his counterclaim that I do not provide meals for the girls when they are with me, and claiming I have willfully refused to pay child support.
I deny the meals claim (because I do feed my kids), but I am behind in child support: I lost my job and fell way behind. And though I have a job now (making maybe 75% less than before), I am still making regular payments to him, though it's not the full payment amount I was ordered to pay 3 years ago.
My question is, do I need to file an answer to his counterclaim? I am unfortunate in that I do not have access to a lawyer and am trying to do this pro se, so I'm not sure what my next step is.
2 Answers from Attorneys
Generally you don't file an answer to a counterclaim. It sounds like you should have filed a modification along with the contempt so that you can get the child support reduced. Child support does not go away and can be collected long after the children become adults if it is not paid. Generally, a contempt and modification must be filed separately. Depending on the age of the children they may not be required to visit so I would advise that you seek an attorney.
You need a lawyer. Let me stress that. You have already made a long of serious legal blunders. They have left you in a bad position. If you keep winging this you will make things worse.
Usually you do not answer counterclaims, although there could be reason to do something different, amend the complaint.
Second, it was likely a catastrophic mistake to wake a sleeping dog. Filing a contempt over visitation when you were already in violation on support makes as much sense as diving head first into a rattlesnake pit. You gave him an easy way to sue you.
Third, if you can't affordf support, why have you not filed a modfication?
Let me repeat: you cannot afford more mistakes. Talk to a lawyer.
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