Legal Question in Family Law in Georgia

My ex-wife & I divorced in Feb '09...she got custody of our 3 children & I was ordered to pay $460/month child support. She sent my oldest son to live with me in Aug '09 because she couldn't handle him...I had her sign a temporary guardianship paper until the custody papers came through. She agreed that I would only pay her 2/3 of the child support since I had him. I filed those in Aug '09 but they weren't finalized until Aug '10. She was then ordered to pay me $343/month to support him & I was to pay her $335/month for the other two children. The son I had custody of turned 18 in March 2013. I have been hospitalized twice in the last year and can only work part time. I have filed to have my child support reduced due to low income. She is mad now, saying I owe back child support...which I do but not what she is claiming. At first she agreed in a text to the amount I think is right(June '13). She then filed abandonment charges for over $7k (Oct '13)...now I get a letter from CSS where she says over $18k (Dec '13). She is saying i never paid her any on the first child support order but i did. at my abandonment hearing, i was told by a CSS worker that the first order was null & that she should have said i owed back when we went to court in aug '10. i don't have all my receipts from back then. can she still collect even though another order is now in affect? i have no issues with supporting my kids, i just don't think i should have to pay her twice!


Asked on 1/12/14, 8:59 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The child support did not legally change until August 2010, so any reduction you made in child support, regardless of whether it was agreeable or not, is void, and you owe that money. Additionally, you need to be able to prove what you have paid. I am sure your attorney back then told you to get receipts and save them forever. If you can't find them, you may get to pay again, so find the receipts and show them to your lawyer.

Read more
Answered on 1/12/14, 9:32 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia