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How do I recover back child support when my child has graduated high school?

Alpharetta, GA |

My ex was paying a small amount each month until he graduated. Those payments stopped and my ex has accrued over $25,000 in back child support owed. Can I file a contempt motion on my ex or does my son have to do that now, Clearly, I wish to keep him out of it. I have had to borrow off credit cards to support him over the years and my debts reflects roughly the amount owed.

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Attorney answers 3

Posted

You certainly have the right to collect past due child support, and you do not have to involve your son at all. The good news is that the $25,000 may have grown substantially. You may be entitled to 7% interest per year on any unpaid child support, and there is no statute of limitations on how long after it is due that you may collect it. Also, he cannot discharge this obligation in bankruptcy. If you file a motion for contempt using an attorney, the Judge may also award attorney fees. There are other ways to collect, and you should discuss these other methods with an experienced Family Law attorney.

I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.

Asker

Posted

Can you state any caselaw or cite any georgia statutes that allows me to do this? He is 19 and a freshman and Emory. My attorney is being told by the senior attorney in the firm that my son would have to file to suit and not me. So I need something to give them to get this moving forward. Whatever you can provide that I can then look up and provide to my attorney would be helpful. Thanks.

Anthony M. Zezima

Anthony M. Zezima

Posted

No, that is not the purpose of this forum. If your attorney does not understand basic legal concepts of the issue at hand, and is not willing to do his/her own legal research, then you have the wrong attorney. Perhaps this attorney is just outside the scope of his/her expertise.

Asker

Posted

You may be right, and a change may need to be made. But while he is drafting the complaint this forum is meant to be a free place for legal answers. I understand how it works. But those attorney's who wish to attract business must also support their answers with facts. Saying I can do it without backing up the statement with a source for such information is useless. Why would i want to engage you or any other attorney who is willing to take what little funds I have to draft and file a motion for contempt only to learn later that I have lost my rights to recover and that that has now passed to my son? Forgive me, but for me this is a serious question on a free forum. I am desperate to get this right.

Anthony M. Zezima

Anthony M. Zezima

Posted

I am afraid that you are incorrect about the purpose of this forum. The attorneys who contribute to this forum do so voluntarily, and only to the extent that they wish to do so on any given subject. We have no obligation to provide legal research or training to other attorneys who are either not willing, or not able, to provide that service to their clients.

Posted

You can file the contempt action (and do not have to get your son involved).

While it is not a requirement, there may be benefit in retaining an attorney to represent you in the proceeding.

I hope this information helps answer your question(s).

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

Asker

Posted

Can you state any caselaw or cite any georgia statutes that allows me to do this? He is 19 and a freshman and Emory. My attorney is being told by the senior attorney in the firm that my son would have to file to suit and not me. So I need something to give them to get this moving forward. Whatever you can provide that I can then look up and provide to my attorney would be helpful. Thanks.

Ikemesit Amajak Eyo

Ikemesit Amajak Eyo

Posted

No, I will not. If your attorney is unwilling to conduct the services for which you have hired them, then it would make more sense for you to hire an attorney who will. But this forum is not designed to provide legal research; let alone to enable people to give legal research to their retained attorneys.

Posted

Should you decide to hire an attorney, please note the law provides that the court shall award attorney's fees to the prevailing party. Therefore, in addition to the arrears owed to you, your spouse will be ordered to pay your attorney's fees should you win the motion. Best of luck!

This answer serves as a guide and does not establish an attorney-client relationship with the person posing the question. I am licensed to practice law in Georgia. You should always seek competent, legal counsel to provide you with advice for your jurisdiction. My responses are not intended to establish an attorney-client relationship and none of my responses are provided as a substitute for legal advice from a licensed attorney in your state.

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