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My ex husband is not paying child support as court ordered. how can i get this to start back what he owes now and back pay.

Royston, GA |

my ex husband quit his full time job in nov 08 to move back closer to kids but he did not have a job lined up. he got a side job that did not pay much. he has not paid child support or any thing agreed in divorce papers since nov 08 and it is now jan 2010 it has been a year and as of jan 2010 he has a full time. i want him to pay back pay from Nov 08 until now and start paing what he agreed to pay. he is a big jerk and wants to make it hard on me what can i do. help!!!!!!!

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Attorney answers 1


If he is failing to pay under court ordered child support, you are entitled to back child support and current child support. If he didn't have a job, he should have filed a motion to modify the support. Because he failed to do so, the current support order is in play regardless of his income.

You should hire an attorney and file a motion for contempt. In the motion, you can request back support. Although his defense may be that he is unable to pay, the court is not likely to decrease the back support. However, from the point of the response forward, his monthly support may be decreased downward.

You should hire a local attorney to start the court action. If you cannot afford an attorney, it is likely that your county or the surrounding counties provide pro bono programs for low income family law parties.