Legal Question in Family Law in Georgia

My ex-husband was asked to give about $900 child support per month. On 15th Oct 2010, we had trial and he was asked to pay child support of $1533 per month. He appealed the case in court of appeals. It was denied in Jun 2011. From Oct 2010 till Jun 2011, he should be paying $900 child support or $15533 child support? He says he should pay $900. Someone on this forum gave me answer that he is wrong. I would like to file contempt against him as he is not ready to pay. I present myself. Is there any case law that I can refer? Please advise.


Asked on 8/04/14, 8:27 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Frankly, if you do not know what the orders in the case require you are not going to be able to find and understand cases (and this is not the place to get legal research). You either need to hire a lawyer, or go to court on your own and be prepared to show the Judge exactly where an order has been violated.

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Answered on 8/04/14, 8:58 am
Robert Gardner Hicks, Massey & Gardner, LLP

The simple answer is that: 1) a Judge signed an order requiring him to pay a certain amount beginning on a certain date, 2) he appealed that order, and 3) his appeal was denied, then the Judge's order still stands and is good from the date it was issued until now. Your ex would be in contempt for not paying the higher amount, although a Judge may say he was not in willful contempt and allow him to catch up over time. No real case law needed, just the ability to present this to a Judge, with documents to back you up, so that he or she can determine how your ex should catch up. However, doing this without a lawyer can be like trying to change your own transmission in your car. You may do it right, but the consequences of doing in wrong can make things worse. See if you can find a lawyer to work with you on fees.

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Answered on 8/04/14, 11:55 am


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