Legal Question in Family Law in Georgia
My son currently lives with his father & in the final ruling I was not required to pay child support bc of my financial situation. I am currently a fulltime student, in class 40 hours a week... so I quit my job to focus on school. My son's father is now taking me back to court in an attempt for child support based on my previous income. They are asking that I pay $399/mo, but I am unable to work bc of my hours in school for the next two years. I am representing myself in court bc I cannot afford the $5,000 retainer. Am I going to have to pay $399/mo, or will the judge side with me?
2 Answers from Attorneys
It is almost unheard of to be allowed to quit your job and go to school and not pay child support.
We don't know the details and facts of your cases, but judges rarely like that concept. You likely will have to pay, and if you choose not to have a lawyer, there is a good chance the case will turn out worse than if you do pay for a lawyer.
(Not all lawyers will charge $5000 as a retainer. Our typical retainer is sometimes less).
Although you cannot afford an attorney, you may consider looking into pro bono programs in your county. I cannot predict what a judge may do. However, s/he may use the child support calculator to determine what you should earn based on your experience and skills and place child support at that amount. Normally, you cannot voluntarily become unemployed.
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