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  • child support and abandoment Georgia

    I live in the state of GA and I'm looking for a good family law attorney. I have a 16 month old daughter who I have not received one single penny for even though a DNA test has been done. The father of the child is a physcian in another state. We went to court last year but when it came down to actually seeing the judge(after about 8 months of going to court) he decided that he could not make it. I(at the time) was so frustrated, tired, and depressed that I dismissed the case w/o prejudice. I wasn't prepared mentally or physically for the court system. I have a two fold question. Can I file for child abandoment w/o having a court order for child support? We did the DNA while going through the court system so he defiantly knows the child is his. How do I go about finding a very aggressive attorney? Any other help surrounding this issue will be of much help. I'm now mentally and physically prepared to deal with this. It's hard supporting my daughter by myself. Thanks in advance.

  • #2
    to tired and abandoned in Georgia

    I think that that were wrong for you to drop the case no matter how tired you get. I am the mother of four and I have been battling the courts for 16 years. I would not recommend that you go through the Child Support Enforcement because they do not get your payments and they don't enforce the orders. I would strongly recommend that you use a private attorney. A paraprofessional in the law field can also help you file the necessary papers. I recently had a paternity battle myself and he used a paraprofessional to file his papers and he got off. I will cost you a little money but it beats paying lawyers. For one thing, you have the necessary paperwork to start the process, the DNA result. It will be a fight and it is not easy. I know because the guy's family that is my baby dad is constantly bothering me about my baby and trying to take me back to court. When you are single or whatever the situation may be, when you have a baby, you battle from day one until that child get 18 years old. It is hard trying to raise children on your own but just hold your head up, things will get better in the long run. I tell myself that everyday and my oldest child is 16, honor roll student and so are the rest of them, and I think about that everyday. I am doing a good job at raising them and making them a better person and they know that their daddies have not been around to help.

    Comment


    • #3
      Originally posted by tiredmom View Post
      I live in the state of GA and I'm looking for a good family law attorney. I have a 16 month old daughter who I have not received one single penny for even though a DNA test has been done. The father of the child is a physcian in another state. We went to court last year but when it came down to actually seeing the judge(after about 8 months of going to court) he decided that he could not make it. I(at the time) was so frustrated, tired, and depressed that I dismissed the case w/o prejudice. I wasn't prepared mentally or physically for the court system. I have a two fold question. Can I file for child abandoment w/o having a court order for child support? We did the DNA while going through the court system so he defiantly knows the child is his. How do I go about finding a very aggressive attorney? Any other help surrounding this issue will be of much help. I'm now mentally and physically prepared to deal with this. It's hard supporting my daughter by myself. Thanks in advance.
      When was the last time your ex had any contact with the child?

      File for child support. It is a mathmatical calculation, and as paternity has already been established, it won't be a huge battle to get an order established.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

      Comment


      • #4
        My two ex's do not have contact with their children. They doesn't want to be bother and they are too busy living their own life to worry about their children. My two ex's think that life is one big party and that I had the children and that I should raise the children and they should be free to do what they want to do. The payments that they were ordered is so small that it is not enough to pay for the children personal items or anything else. And the Child Support Enforcement will not make them pay anymore than what they are paying despise the raising cost of living today. But the people that work for the state agency are getting a cost of living increase every year but they will not give the custodial parents a cost of living increase for the children. Even though the child support is now based on both parents income, it is about time that GA catch up with the other states like NC in which you can go online and just about estimate what the non-custoial parent will have to pay after you enter your income. But that is providing whether or not you can figure out how much he is making a year.

        Comment


        • #5
          Originally posted by Ola Johnson View Post
          My two ex's do not have contact with their children. They doesn't want to be bother and they are too busy living their own life to worry about their children. My two ex's think that life is one big party and that I had the children and that I should raise the children and they should be free to do what they want to do. The payments that they were ordered is so small that it is not enough to pay for the children personal items or anything else. And the Child Support Enforcement will not make them pay anymore than what they are paying despise the raising cost of living today. But the people that work for the state agency are getting a cost of living increase every year but they will not give the custodial parents a cost of living increase for the children. Even though the child support is now based on both parents income, it is about time that GA catch up with the other states like NC in which you can go online and just about estimate what the non-custoial parent will have to pay after you enter your income. But that is providing whether or not you can figure out how much he is making a year.
          Child support is based on the actual INCOME of the parents, not what you think it costs to raise a child. You can go online and get a child support calculator for any state.

          When were the orders established? How long has it been since the orders were reviewed or modified?

          The only way your ex could have "gotten off" when you filed for establishment of paternity is if he is NOT the father. DNA doesn't lie.

          For any other questions, start your own thread. The OP of this thread needs to be able to see the answers to HER questions.
          Last edited by mommyof4; 01-16-2007, 05:50 AM.
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

          Comment


          • #6
            Originally posted by Ola Johnson View Post
            And the Child Support Enforcement will not make them pay anymore than what they are paying despise the raising cost of living today. But the people that work for the state agency are getting a cost of living increase every year but they will not give the custodial parents a cost of living increase for the children.
            Whether state employees get yearly raises is neither here nor there. It is not the duty of CSE to automatically adjust your CS due to cost of living expenses. That's not what they do. If you feel you are entitled to more money, then file for a modification of support. If either father's income has increased significantly (I think 10%, but not sure), then you will get an increase. But YOU have to ask for it. CSE doens't just give it to you. It would be impossible for CSE to track every single CS case, track the incomes of every single NCP, and make adjustments. That's just crazy. Filing for the modification can be done without an attorney, there will be a fee but it is not over the top.

            If your childrens' fathers are not earning more money, then you will not get a modification. You cannot just arbitrarily increase either of their CS. They need to have the money to give, and you need to ask for it.

            OP, I think since you dismissed the case without prejudice, then you may not be able to get retroactive support. But the dismissal does not equal a termination of his rights, and as long as he has rights, he will be obligated to pay CS. If you are looking for an aggressive attorney (or a passive one or any type for that manner), you just need to discuss the approach you want to take at any consult. The attorney will tell you if it is a viable approach, and how they can help.
            Last edited by MomofBoys; 01-16-2007, 05:57 AM.

            Comment


            • #7
              I don't know what state you are from, but here in Georgia, a lot of men will tell lies or have their employers lie for them about their income. They will show check stubs where they are on short time (checks with the least hours) and knowing that they are working more days than what they have shown. I know because this is what happen to me personally. Yes the payments are based on actual income but it doesn't always be the correct income. I will be asking for a modification on my case but you have to wait three years before GA will actually do it and they have told me to ask for it this year. Everybody cannot afford lawyers and there are others that can give you advice on what you need to do that is best for your child. And if you had finish reading, I said that one got off and the guy that were the baby dad and his family.

              Comment


              • #8
                Originally posted by Ola Johnson View Post
                I don't know what state you are from, but here in Georgia, a lot of men will tell lies or have their employers lie for them about their income. They will show check stubs where they are on short time (checks with the least hours) and knowing that they are working more days than what they have shown. I know because this is what happen to me personally. Yes the payments are based on actual income but it doesn't always be the correct income. I will be asking for a modification on my case but you have to wait three years before GA will actually do it and they have told me to ask for it this year. Everybody cannot afford lawyers and there are others that can give you advice on what you need to do that is best for your child. And if you had finish reading, I said that one got off and the guy that were the baby dad and his family.
                Two words...tax returns.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  Originally posted by Ola Johnson View Post
                  I don't know what state you are from, but here in Georgia, a lot of men will tell lies or have their employers lie for them about their income. They will show check stubs where they are on short time (checks with the least hours) and knowing that they are working more days than what they have shown. I know because this is what happen to me personally. Yes the payments are based on actual income but it doesn't always be the correct income. I will be asking for a modification on my case but you have to wait three years before GA will actually do it and they have told me to ask for it this year. Everybody cannot afford lawyers and there are others that can give you advice on what you need to do that is best for your child. And if you had finish reading, I said that one got off and the guy that were the baby dad and his family.
                  You cannot just "get off" paying child support, unless you are not the father. I don't understand what exactly you mean by "one got off and the guy that were the baby dad and his family." I'm sorry, that makes no sense (gramatically, it makes no sense, I don't get it).

                  Like I said, you do not need an attorney to file for a modification.

                  Yes, some non-custodial parents (not just men, women do it too) make vast efforts to avoid paying their support. That still does not make it the duty of the CSE to get you a cost of living increase.

                  Comment


                  • #10
                    Back to the Original Question

                    To tiredmom, I put this in one of my other responses, but don't want it to get lost here...

                    I think since you dismissed the case without prejudice, then you may not be able to get retroactive support. But the dismissal does not equal a termination of his rights, and as long as he has rights, he will be obligated to pay CS. If you are looking for an aggressive attorney (or a passive one or any type for that manner), you just need to discuss the approach you want to take at any consult. The attorney will tell you if it is a viable approach, and how they can help.

                    Comment


                    • #11
                      Originally posted by Ola Johnson View Post
                      I think that that were wrong for you to drop the case no matter how tired you get. I am the mother of four and I have been battling the courts for 16 years. I would not recommend that you go through the Child Support Enforcement because they do not get your payments and they don't enforce the orders. I would strongly recommend that you use a private attorney. A paraprofessional in the law field can also help you file the necessary papers. I recently had a paternity battle myself and he used a paraprofessional to file his papers and he got off. I will cost you a little money but it beats paying lawyers. For one thing, you have the necessary paperwork to start the process, the DNA result. It will be a fight and it is not easy. I know because the guy's family that is my baby dad is constantly bothering me about my baby and trying to take me back to court. When you are single or whatever the situation may be, when you have a baby, you battle from day one until that child get 18 years old. It is hard trying to raise children on your own but just hold your head up, things will get better in the long run. I tell myself that everyday and my oldest child is 16, honor roll student and so are the rest of them, and I think about that everyday. I am doing a good job at raising them and making them a better person and they know that their daddies have not been around to help.

                      That is what you said.

                      You did not clarify that you were talking about the same child and you never said that you had another man legally declared to be the father of this child. Even if he did not have any representation, he still would not have been found to be the father. It's a matter of basic biology. DNA does NOT lie.

                      I did read your post, and I responded to EXACTLY what you posted.

                      Here it is...file for the modification. You will both have to provide financial information. The child support will be set according to your combined income. There is no argument, here. It is a basic mathmatical equation. If he does not provide financial information or says that he is underemployed, his income can be imputed to come to a relatively fair amount. You do NOT need an atty. All you have to do is fill out the forms and submit any documentation they ask of you. They'll handle it from there.
                      Last edited by mommyof4; 01-16-2007, 06:50 AM.
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment


                      • #12
                        Originally posted by Ola Johnson View Post
                        I don't know what state you are from, but here in Georgia, a lot of men will tell lies or have their employers lie for them about their income. They will show check stubs where they are on short time (checks with the least hours) and knowing that they are working more days than what they have shown. I know because this is what happen to me personally. Yes the payments are based on actual income but it doesn't always be the correct income.
                        That is not unique to Georgia at all, it is not unique to men or even NCPs at all either. I know of a person in Georgia who lied about thier income, produced stubs that were fraudulent and even "copies" of tax returns that were fraudulent- this person is a woman and a CP.
                        Just thought you'd like to know that it isn't always the men NCPs that lie.

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