Legal Question in Family Law in Georgia

my ex is now on ssi disability and the local child support office has closed our case will he be made to pay in divorce even though the local office says hes not legalily liable


Asked on 2/19/12, 5:55 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

People on social security disability ARE obligated to pay child support. If you have proof in writing that any state employee made the inaccurate statement that he is not legally liable to pay support, report that person to the head of the state agency as he/she should be retrained or terminated. That's inexcusable. I suspect that you may have misunderstood and there is more to it than your post, but there is a serious need in Georgia for a house-cleaning in the child support offices where cases are inappropriately closed and not pursued.

Having said that, you have a practical problem. Neither you nor they can do a garnishment. And since most people on disability get tiny checks, there really isn't any money to go after. Criminal abandonment and contempt also pose a problem as there's not really anything to collect from and there really isn't a wilful failure to pay.

A divorce judge CAN order a person on disability to pay support but that part of your post confuses me. You call him your ex and then ask if he must pay in a divorce case. If he's an ex THAT case is over already.

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Answered on 2/19/12, 7:13 pm


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