Husband Paid No Child Support

by Valerie

Hi I need some advice please. I don't know where to turn at this point. This is my story - My ex-husband and I were divorced in Georgia. All of the legal papers were filed in Georgia court. This was in 1999. In 2001 I moved to Florida with our daughter and he moved to New Jersey. Our divorce decree states that he is supposed to pay 750.00 fixed amount every month in child support.

He was making a high salary at that time. He only paid the 750.00 amount for about 3 months and after that he started paying 500.00 a month because he had a heart attack, open heart surgery and was ill etc. Over the years he has had one thing after another come up (including having 2 other kids that he can't take care of) and has paid different amounts in child support fluctuating from 350.00 to 425.00 etc.

Now as of about 2 months ago he has moved to South Carolina (his home town) from New Jersey because he claims that he got laid off from his job and he wanted to start a new life with his wife and 2 daughters.

He has not paid his child support in 3 months. The only thing that he sent about 2 months ago was a 75.00 check to cover 1/2 of my daughter's braces payment and that's it. My daughter is 17 (Birthdate is 8/14/92) and will be 18 in August, but our divorce agreement stated that he is obligated to pay until she is 21 as long as she is still in school.

I keep calling and calling him to no avail. he will not respond to my phonecalls and at this point I am ready to take legal action. Even though he has been giving us something (not the full amount that is on the divorce papers) he is STILL responsible for the back child support for all these years that he has not paid the full 750.00.

I would like to know how do I go about suing him for the back child support as well as the money that he currently owes his daughter. I want the money garnished from his paycheck and all of his tax refunds come to us until he pays what the owes.

Since it was filed in Georgia, but my daughter and I live in Florida and he is in South Carolina. How do I do it and what documentation do I need? Will the court ask him to produce copies of the amounts that he has paid over the years? I hope that the burden of proof will be on his shoulders to produce the copies.I am totally frustrated and trying to find answers, I have practically raised my daughter on my own -single mom and he hasn't been there.

Please advise me on what to do.

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Child Support Questions
by: Child Support America Staff

Dear Valerie,

Thank you for sharing your situation. You will need to contact your child support caseworker in the state where the order is. If it is in Georgia then contact Georgia. Ask them about getting the case moved to Florida where you currently live.

You can hire an attorney to take him back to court. There can be LIEN PLACED ON HIS BANK ACCOUNTS AND HIS TAXES OFFSET. His passport should be canceled and his drivers license suspended.When attorneys are involved it can get the ball moving faster. He needs to be held accountable for his arrears. Have you ever received a tax offset over all these years?


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