False Child Support Arrears Atlanta GA


(Atlanta, GA)

OK, here we go. I am the father in this case. I live here in Georgia with my wife and 3 kids. My divorce became final on Dec. 15. 2000. At that time my ex had custody of our children. The divorce granted me joint custody and no court order to have Child support taken out of my check. At that time I was paying support (mostly cash) providing medical, dental and eye care for the kids. They would come over every other week. My ex remarried (as I did also), and got divorced in 2008 from her spouse. She then went and got a court order to have child support taken from my check. I did not contest it because I had no problem supporting my kids.


I lost my job in 2009 and the child support started coming out of my unemployment check. It was this time that I found out that she was also being awarded arrears that exceeded $30,000. I'm guessing she claimed not to have received any money from me since 2000. Since then I have gained custody of my youngest daughter and my eldest daughter is now about to start college.(yeah!). And now I'm left to pay $28,000 in arrears. Here is a side note, my ex was arrested in a case of fraudulent check cashing and is facing about eight months in jail starting sometime in December. I think the arrears will freeze during this time frame but will start back once she gets out. My wife and I have had to file for chapter 13 recently and I'm not sure how the arrears will play apart in that. WHAT CAN I DO???? I have about 10 checks showing child support from 2000 and 2001, but I did not give her checks often. Its unfair to act like I never paid anything. I tried to talk to her and work out another solution but she refused. Any advice is appreciated!

Comments for False Child Support Arrears Atlanta GA

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Child Support Questions
by: CSA STAFF

Thanks for sharing your situation. Yes unfortunately that is why we stress so much on our website about paying the ex directly and not through the system. Answer a question please. You stated in the divorce decree that child support was not ordered correct? If this is true you can fight those arrears. Also where did you hear that the arrears will be frozen when she is in jail?

False Arrears (Follow-Up)
by: Anonymous

Thanks for the response. Child support was established in the divorce decree, but the statement I was referring to was "The wife does not desire that an income deduction order be issued at the time of the issuance of a final judgment and decree in this case". When I called my local child support office (Atlanta), and inquired about the payments during the time my X was to be incarcerated, I was told that the payments would be suspended until such time that she was released. So, is it possible to fight the arrears? Again, I have checks showing a pattern of payment but nowhere near the 20 something thousand she was awarded. Side note: since I filed bankruptcy (Chapter 13) it seems as if my unemployment has not taken out child support for my last three payouts. I will follow up on that after the holiday weekend. Thanks again for any advice!

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