Can I get arrested for not paying child support?

My ex has not paid the court ordered child support for over 2 years but now things changed temporarily by court order but not physically. Meaning my ex was awarded temporary physical custody - but never took our son. I was ordered to pay child support as of May 2010 - but the order wasn't signed by a judge until June 7, 2010. I had my son with me the whole time and he has since been diagnosed with severe PTSD from his father and is not to see him. Can I still get arrested for not paying support?

Canton, GA -

Attorney Answers (1)

Melanie Ann Brubaker

Melanie Ann Brubaker

Child Support Lawyer - Marietta, GA
Answered

Your facts may have changed but the Order remains the same until you modify it with the court. It sounds like you need to modify the custody order and get the child support changed so that you are receiving child support especially if a professional such as a therapist/physican has made the finding that your ex should not have parenting time with the child. I believe you should also request a Guardian Ad Litem to represent the best interests of the child when you file your modification of child custody. As for getting arrested, it could happen through your ex taking out an abandonment warrant so the best course is for you to sit down with an attorney and discuss how the existing order can be changed due to the new circumstances regarding your son. Thank-you, Melanie Brubaker

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