What can you do if your ex is not paying child support?
Mothers and Fathers are increasingly on equal footing when it comes to custody. Despite progress in efforts to equalize parenting duties, mothers often have the children for more time than fathers, and the father usually ends up paying child support. Not all cases are like this. There are many situations where the Father has primary custody and the mother pays child support.
Still, it’s more common for fathers to pay child support and when tension arises due to visitation or custody time, child support payments are sometimes withheld. Withholding a court-mandated payment, regardless of the reasons, is not advisable and could land someone with a Contempt of Court.
There are cases where a custodial parent intentionally stops the noncustodial (child-support paying) parent from seeing their child(ren). They do this out of spite, anger, or another reason. The noncustodial parent might react by stopping support payments.
Surprisingly for some, child support and child custody are not linked in this way. Child support payments are not conditional on being able to see one’s children. Support payments are court-ordered and unless a modification is ruled on by a judge then they cannot stop being paid. Much the same way that parenting time is ordered by the Court, and should not be stopped unless the Judge modifies the Order.
Your Ex Stopped Paying Child Support. What Now?
If your ex is not paying child support (or paying the full amount of child support) you need to follow a few of these steps. First, make sure you have proof that there’s been a failure to pay. Pull records from your bank including deposits, past payments, and how they usually pay.
Through a family law attorney, you can now go to court. Going to court with this issue usually includes filing a Motion for Enforcement or a Motion for Contempt. You are essentially asking the court to fix the issue. But let your child support family law attorney advise you on which route to take.
What further steps can be taken?
If your ex fails to pay child support (or does not pay it on time) then an income deduction order might be an option to investigate. This means that payments will be directly taken from their paycheck by their employer and provided to the custodial parent. Garnishing wages or income is also a possible course.
A judge can also order for a lien on real estate property. If your ex has assets in real property, like a house or rental unit, then a lien could be put on the title of the property. This causes the potential sale of that property to be encumbered due to their child support debt. If they own a rental property then a judge could ask for the money a tenant pays to be directly paid to you.
Here For You – Atlanta Family Law Professionals
We know that going to court to ask for money is not easy. But it’s your money and you’re simply seeking what was ordered by a judge.
We stand up for our clients. Our decades of combined experience in areas related to Child Support, Divorce, Child Custody, Alimony, and other areas of Family Law is why people trust us.
Give us a call at 1-770-723-7211 today or click here to set up a consultation.
Our firm is based out of Atlanta and we serve throughout the State of Georgia, including but not limited to Fulton, Fayette, Cobb, Douglas, Paulding and DeKalb counties.
3 Tips to Follow for LGBT+ Estates and Wills
LGBT+ Estate Planning and Wills
LGBT+ folks have fought for significant progress over the last decades. Nowadays, although still culturally taboo to some people, adoption is not just limited to opposite-sex couples. This is of course a lot different than how it was back in the day. Now, while the law has changed regarding marriage and adoption, there are still a few things that need to be discussed so that LGBT+ couples and parents don’t face tough situations. LGBT+ couples need to be attentive of properly handling their estates and wills. This is where estate planning comes in.
What is Estate Planning?
Preparing for your own or a loved one’s passing is what is known as estate planning. This means protecting and managing assets, property, and the settlement of an estate. An estate could consist of property like a house, a car, or maybe valuable items. It also includes stocks, assets, and savings. If you want your estate to be properly distributed or managed in the event of death, then hammering out all the details with an estate lawyer is crucial.
Estate planning also involves legally giving a loved one certain rights for certain situations. We’ll discuss these in our 3 essential LGBT+ estate planning tips below.
Tip #1: Preparing for Estate Planning
Giving your partner, spouse, or even a child the authority to make a decision on your behalf is an important first step in sorting out your estate. People often relate this to Power of Attorney (POA) but there are other legal avenues you should know about. Here’s a quick overview of different types of POA:
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POA for finances:
- An agent has the power to make decisions relating to their partner or spouse’s finances. They have access to their assets in the event they’re incapacitated.
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POA for healthcare:
- Like the POA mentioned above this power of attorney is for when an agent (spouse/partner) has to act on your behalf to make healthcare decisions.
Powers of Attorney are not the only legal powers than can be established for a situation in which a person is incapacitated. There are also other documents that need to be discussed when planning for the future. Here’s a short list:
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Georgia Advance Directive for Health Care (GADHC):
- The GADHC permits an individual to detail their preferences for medical treatment if they are in a permanent state of unconsciousness, persistent vegetative state, or is dying from an incurable disease. This document further permits the individual to designate another person as their agent in order to make medical decisions for the incapacitated individual. This document will instruct your health care providers and all other pertinent parties that the person you appointed as your agent is the person you want making care decisions for you, including the decision to remove you from life support, and handling your funeral arrangement.
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HIPAA:
- Establishing this authorization gives anyone you designate full access to your medical records and health condition.
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Living Will:
- A living will gives instructions to healthcare professionals about whether or not you want life-sustaining intervention in the event of a terminal condition or are in a persistent vegetative state.
Tip #2: Establishing Guardianship over Minor Children
In the event of an incapacitation or death naming, a guardian over minor children is an important step to take, especially for LGBT+ parents. Your partner or spouse might already have legal rights over your children but it’s important to also name a secondary or “back up” guardian. Without these safeguards your children, if minors at the time of the event, might end up at the hands of the court or family members you don’t necessarily see fit as guardians.
Tip #3: Preserving Assets
Working with an attorney to sort out all the details, both big and small, of an estate plan is important. Not just because they can properly guide you towards what the most secure plan is, but also because they can advise about how to best preserve assets and property.
A will and a trust are two ways to pass along inheritance and protect assets. There are pros and cons to both options. Wills are straightforward and more economical but they can be subject to probate. Trusts on the other hand protect assets and property better but they can be more expensive and complicated. Whichever option you chose you should consult an attorney with experience handling these sensitive and complex matters.
How to handle grief and divorce in 3 steps
Hopefully, you’ve read our previous guides on how to make your divorce process smoother and less stressful. We’ve recently written about how to manage social media and the divorce process. We’ve also written on some of the divorce laws of Georgia, including the asset/property division aspect of divorce. We’ve focused on how the law works and how to best manage your relationship with your ex-spouse.
One thing we haven’t written as much about is YOU.
Divorce can be hard and emotional. It can be a rollercoaster! We know this but you might actually be going through it. People compare divorce to death sometimes. The death of a loved one, family, or friend. And that’s true in many ways. You fall in love with a person and then you find yourself at the end of the relationship. You ask yourself how it got to this point or how things have changed. It can be traumatic and full of grief.
You might be feeling hopeless, maybe like your dreams have been smashed. You might be worried sick about what your family will go through. It’s tough to say exactly what your emotions might be because no one experiences divorce in the same way. What we do know is that many people find a certain hope, comfort, and excitement even in finding themselves after divorce. That’s what we want to talk about today: Moving from grief to your future self.
The End of a Marriage and Grief
It may take a long time for a person to fully accept the end of their marriage. In good marriages, bad ones, good and bad divorces, the full process of really accepting that phase of your life is over can take time. That’s okay. Everyone moves at their own pace.
Let yourself be vulnerable
Some people might say “Be strong” or “Moving on means forgetting.” Well, we don’t necessarily agree. Going through the process of ending a union is tough and it shows strength on its own.
The fact is, that feeling sad, scared, or lonely is totally understandable and acceptable during and after. You should define your own strength and let yourself handle and heal this emotional situation.
Adjust and Reinvest
Grief causes physical and mental stress on the body. Adjusting from the stress and negative emotions takes time. Living on your own or in a new situation, managing co-parenting or single parenting, and maybe even getting back out there and finding a new romantic connection. These things matter but no one can tell you how long it’ll be until you find your ‘new normal.’
Atlanta Divorce Lawyers
If you’re thinking about divorce and are ready to take the next step we can help you get started. We have helped clients throughout the State of Georgia including in Fulton, Cobb, DeKalb, and Fayette Counties. No matter where in the Atlanta Metro area or Georgia you live we’ll be there for you. Give us a call at (770) 723-7211.
The 8 Factors of Alimony/Spousal Support in Georgia
The Marital Standard of Living & Length of marriage
Alimony and Spousal Support are considered to be the same thing, and often the terms are used interchangeably.
The Marital Standard of Living & Length of marriage are the first two factors listen in O.C.G.A. 19-6-5 that the Court considers when deciding on an award of alimony. Typically speaking, the longer the marriage, the more weight the court will give to any considerations of alimony. However, there is no legally specified minimum amount of a time a marriage has to last for alimony to be considered.
The ‘marital standard of living’ is the level of comfort you enjoyed while married. This comfort is of course not emotional, it is instead material and financial. Having a high standard of living while married does not entitle either spouse to alimony. Alimony is meant as aid to keep a basic standard of living and ensure all needs are covered. Presenting in front of a judge what you consider to be reasonable needs in order to keep a similar lifestyle is where a strong divorce lawyer comes in.
Age, Physical, and Emotional State
Age is an important factor when arguing in favor of alimony. As we mentioned above, alimony is about one financially disadvantaged party in a marriage having sufficient funds to sustain themselves independently. Age comes into play because a person’s employability is often directly tied to their age.
Health and mental state plays part of this same logic. If one of the spouses in a divorce suffers from a chronic illness or some form of mental health issue then their considerations for alimony could be stronger.
Financial State of both Parties
This factor plays a huge role in whether or not alimony (and how much) is awarded. Needs (and ability) is what determine whether one party pays the other party alimony. The more resources one spouse has, the higher the likelihood they will pay alimony to the spouse with less resources. Resources include income, property, assets, retirement accounts, and more.
Employment After Divorce
Employability is also one of the things a judge looks for when making an alimony decision. Say for example you married young and became a homemaker or were financially supported by your ex-spouse. Being out of the workforce for a long time might hamper your chances at employability. This is where temporary alimony might come into play. A judge might award this until one party is able to become employed or complete training or education with the goal of becoming employed.
Conditions, Contributions, and other relevant factors
This factor takes into account both monetary and non-monetary contributions both spouses made to the marriage. The court may look at these contributions when considering the needs of either spouse once the divorce is complete. Non-monetary contributions might be for example child-raising and homemaking. They go much further than that though. Making these choices during a marriage can lead to a diminished capacity for employment if the marriage comes to an end. This will raise the question of alimony in court.
The court will also examine the condition of both parties and any other relevant factors towards determining alimony. Your divorce attorney can determine which other relevant factors to present before the court. They can also help demonstrate the condition of both parties.
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