Legal Question in Family Law in Georgia

In the state of Georgia, can my husband go to jail if he is making a good faith effort to pay child support.

He is ordered to pay $2000 a month for his two kids. He is currently underemployed, and sends his ex-wife approximately $1000 a month. He is, admittedly, falling further and further behind in the total amount.

His ex-wife lives in a gated country club in a 1/2 million $ house. I know that it's irrelevant to my husband's obligation, however, the children are not suffering and have everything they want and need and more (she just took them to Hawaii for a week).

In the past 7 years since she filed for divorce, she has filed 62 civil contempts, arrest warrants, and complaints against him (in 5 GA counties).

She is a flight attendant and home only 3 days a week. We live 3 miles from her, yet she refuses to let us have the kids when she is gone - they stay with their stepdad who calls my husband "scum" and alienates the children. They ADORE their father, but were forced by their mother to say the opposite on the stand.

Will the Judge send my husband to jail for being behind, even though he is paying her every week?

Is there a certain set amount of days he will be in jail, or is civil contempt jail time indefinite?

We cannot afford a lawyer - we can barely afford to eat!

Thank you for your help.


Asked on 10/30/10, 7:32 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You cannot afford for your husband to NOT have a lawyer, unless you want him to keep falling behind and go to jail. It is vital and completely necessary.

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Answered on 11/04/10, 7:42 pm


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