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Baby father arrested on child abandonment and non payment of childsupport..what next?

Decatur, GA |

he was arrested on a child abandoment/nonpayment of child support last wee. he had a accusation hearing today..what is that? and he was released. he has a court date in june..what is gonna happen? will i have to be there? he hasn't paid any child support since i got a judgment for it. he is about 3,000 behind. will i get any money? will he have to pay anything towards it? alot of questions but im just wondering what comes next

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Attorney answers 1


It would be in your best interest to be present at the June hearing. The court can order him to pay the past-due amounts, and can even incarcerate him and require a lump-sum payment in order to be released. But beyond this, the court cannot "force" him to pay anything. Courts grant orders of money owed, but have no part in actually collecting that money.

For better assistance with collecting the past-due child support, you would need to meet with an attorney. One could help you with drafting an income deduction order, locating attachable assets, and other mechanisms for collecting what you are owed. An alternative to using the assistance of an attorney would be to use the assistance of the Office of Child Support Enforcement. You would need to visit your local office to open a case, based on your existing child support order. In either event, you need to supply the individual (your attorney or your case manager) with a copy of ALL orders related to this debt (the original child support order and all outcomes of the abandonment proceedings).

Good luck providing for your child's needs.

~ 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.



so when he goes to court he's gonna have to pay something or else face more jail time? what happens if he tries to use the excuse that i won't let him see the child..even though he has open access to his child but he doesn't do anything!

Ikemesit Amajak Eyo

Ikemesit Amajak Eyo


I was not intending to imply that he has to pay or face more jail time. It is not guaranteed that the judge will order him to be incarcerated. I only meant to imply that it is an option available to the judge. The duty to support is not connected to the right to visitation. Even if you actually ARE failing to allow visitation, he would have the right to complain about it (and hold you in contempt for doing so). But your failure would NOT be a valid defense to his failure to pay child support. Again, if you need additional assistance with collecting the past-due child support, you need to meet with an attorney. You cannot receive but so much assistance through this type of forum.