In GA if you do not make a court ordered purge payment for child support, how soon is an arrest warrant generated?

Asked 9 months ago - Columbus, GA

My ex spouse was ordered to make a purge payment within 60 days or be incarcerated. They did not make the payment and hasn't made any other payments towards their child support. I was wondering when an arrest warrant would be issued for them and if there will be another hearing.

Attorney answers (2)

  1. Jordan Jacob Hendrick

    Contributor Level 11

    2

    Lawyers agree

    Answered . Generally, if unless the order had what is called "Floyd" language in it, which it probably didn't unless you had an attorney who discussed that with you, a warrant cannot be issued with a compliance hearing. Most likely based on what you posted, the next step is to schedule a compliance hearing and once the judge hears the purge was not paid the judge will issue an order for incarceration.

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you used a lawyer, the order may have appropriate language which is essentially self-executing, so simply call your lawyer. (The proper language and when it can be used is discussed in FLOYD v. FLOYD 247 Ga. 551 277 SE2d 658 (1981).

    If you did this pro se, you probably failed to use proper language and will need to request a hearing to determine compliance, delaying the process.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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