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.
Child Custody Lawyer
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.
Family Law Attorney
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.
Family Law Attorney
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.