Legal Question in Family Law in Georgia

Re: Can x get arrest warrant for late child support without taking me to court?

You cannot be arrested for failure to pay without court action, and you would have an opportunity to defend yourself and, more importantly, notice of the proceeding. Of course, you can always be sued civilly for the support.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Re: Can x get arrest warrant for late child support without taking me to court?

In principle, a child support enforcement office can seek a court order to hold a person in civil contempt for failing to pay child support. If the person does not show up for the hearing or if the person is found guilty of contempt, then he or she can be jailed/arrested.

HOWEVER, you have federal due process rights to notice of the hearing and an opportunity to present your side of the facts. Under circumstances where the child support is garnished from your wages, the actual payment delay is beyond your control, and it would be unconstitutional for a court to try to sanction you.

But unfortunately, I have witnessed any number of horrific injustices in the child support enforcement arena. I invite you to read my 60-page brief on this subject shown at http://riskmgmt.biz/briefii.htm

You should contact the sheriff's office in the county where you live and ask to speak to the unit that handles civil process warrants. You can ask that office if there are any outstanding warrants against you -- although my guess is that your ex is just full of hot air. She can't do anything on her own. She would have to persuade a judge to sign an order, and again you have a constitutional right to present your side of the case at any hearing.

I don't usually do this, but I have a special venim for custodial parents who abuse the child support process. Have you considered fighting fire with fire?

You could seek expanded visitation rights with your child or even seek to remove custody from your wife if you have any grounds to believe she is an unfit mother. Also, the child support enforcement offices across the country routinely use too high a net income figure in calculating monthly child support obligations. You could ask a court to lower your monthly obligation if the amount is excessive and based on pre-tax income rather than post-tax income.