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Child Abandonment ?

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mrsprr

Junior Member
What is the name of your state? Georgia

Yesterday, my husband received an summon for court for child abandonment. What could it be about?

He has a 17 year old daughter. He has always supported his daughter and gave money directed to her mother. They were on very good terms and there was never a child support order. Late last year she got mad and him and filed for child support. He was ordered to pay child support to begin in January of this year. Well, right after the beginning of this year he lost his job. He has still been paying child support but is currently behind about $400.

Could this be the reason for child abandonment? He has a court date during the month of may but we can't figure out what point shes trying to make with the child abandonment suit. How should he prepare for it? Does he need to have a lawyer present? Could they make him pay support for the last 17 years of his daughters life even though he gave cash to the mom? He does not have any receipt for the cash but he has lots of witnesses that he gave cash because she always came to his job to pick up the money.
 


bononos

Senior Member
So, there is no actual record of contact?
Financially, what he paid directly to her is not documented and what he should pay in CS is documented as not paid.
Does he see her?
Can he prove he sees her?
 

rmet4nzkx

Senior Member
If she already took him to court for child support and was ordered to pay it begining Jan this year, they shouldn't go back beyond that date, however if he is not paying the ordered child support, that can be taken as abandonedment. Losing his job does not relieve him of the responsibility of owing child support and unless or until he files for a modification he will continue to owe the ordered amount. It is best to have an attorney but he needs to at least respond to the charges. If he is working under the table in hopes of avpiding this, the court will still expect him to get a job and assign an income. The state can attach income tax refunds to recoup what is owed and in some cases revoke drivers liscense. So it is not worth the potential financial implications to avoid a few months of child support.
 

mrsprr

Junior Member
He has every intention to pay his court ordered child support. He is activley looking for a job and is paying what he can in an effort to catch up. Like I said, right now he is behind about 400.00 but he will catch up eventually.

He sees his child whenever possible. Right now he and the mother lives in the same city but the child lives several hundreds miles away. The mother sent her to live with friends of her family. We saw his child during her spring break and plans on seeing her again this weekend.

I just had no idea what the abandonment could be about. But from what the relpies, I guess it is safe to assume she is suing for abandonment because of the $400 he is behind.
 
E

eme76

Guest
shot in the dark here....

could there be another child somewhere that he is unaware of....:confused:
 

moecasey

Junior Member
Why is he paying the mother if the child does not live with her? Shouldn't the folks she lives with receive the cs?
 

mrsprr

Junior Member
Yeah, we are both confused as to what the abandonment is as well. He sees the child and is currently paying child support. He is just a little behind. There is no other child he has with the mother. We can only guess it is because of the $400.00 We are at a loss to understand the abandonment issue.

The child has not lived with her mother off and on for several years. Some years she is with the mother and then other years she is not. She has not lived with the mother at all this current school year. At the time the mother asked for child support, the child was not living with her. My husband never brought it to the child support office attention that she did not actually have possesion of the child.

Basically, she is getting the child support but not actually raising the child. Even thought his daughter is 17 year old, I am trying to get him to file for custody of the child because the mom is not actually raising her
 

fairisfair

Senior Member
bononos said:
I guess I'm confused as to how this is abandonment.
maybe she is seeking TPR, maybe baby girl has a new step daddy??? my question is how could any parent, just let this girl wander from mom to not and never have done anything about it.
 
mrsprr said:
What is the name of your state? Georgia

Yesterday, my husband received an summon for court for child abandonment. What could it be about?

He has a 17 year old daughter. He has always supported his daughter and gave money directed to her mother. They were on very good terms and there was never a child support order. Late last year she got mad and him and filed for child support. He was ordered to pay child support to begin in January of this year. Well, right after the beginning of this year he lost his job. He has still been paying child support but is currently behind about $400.

Could this be the reason for child abandonment? He has a court date during the month of may but we can't figure out what point shes trying to make with the child abandonment suit. How should he prepare for it? Does he need to have a lawyer present? Could they make him pay support for the last 17 years of his daughters life even though he gave cash to the mom? He does not have any receipt for the cash but he has lots of witnesses that he gave cash because she always came to his job to pick up the money.
Could this possible Abandement be to collect back support because there was no order until last year? Just a thought, maybe the bio mom is trying to get some extra cash out of Dad.

EDIT: even though dad paid cash previous to order.
 

MrsK

Senior Member
I'm confused as to why "abandonment" is even a reason to drag someone to court. I thought it was "contempt" when you dont pay support? And, he is paying support. I mean yes, he is a little behind so maybe they are getting him from that, but to me, abandoment sounds like he isnt paying @ all or not seeing the kid. But he is paying (albeit a little behind, but paying) and last time I checked, it wasnt illegal to not see your kid.

Furthermore, if this kid isnt living with the mom, who the hell is she to file for abandonment?? I'll bet that c/s $ she is getting isnt going to the kid either.
 
mrsprr said:
What is the name of your state? Georgia

Yesterday, my husband received an summon for court for child abandonment. What could it be about?

He has a 17 year old daughter. He has always supported his daughter and gave money directed to her mother. They were on very good terms and there was never a child support order. Late last year she got mad and him and filed for child support. He was ordered to pay child support to begin in January of this year. Well, right after the beginning of this year he lost his job. He has still been paying child support but is currently behind about $400.

Could this be the reason for child abandonment? He has a court date during the month of may but we can't figure out what point shes trying to make with the child abandonment suit. How should he prepare for it? Does he need to have a lawyer present? Could they make him pay support for the last 17 years of his daughters life even though he gave cash to the mom? He does not have any receipt for the cash but he has lots of witnesses that he gave cash because she always came to his job to pick up the money.
Who is the petitioner on the summons? Is it the mother, or whoever currently has the child? Maybe he's paying mom, noone is paying the person who is taking care of the child, so they are petitioning abandonment? Just another stab in the dark.
 
mrsprr said:
What is the name of your state? Georgia

Yesterday, my husband received an summon for court for child abandonment. What could it be about?

He has a 17 year old daughter. He has always supported his daughter and gave money directed to her mother. They were on very good terms and there was never a child support order. Late last year she got mad and him and filed for child support. He was ordered to pay child support to begin in January of this year. Well, right after the beginning of this year he lost his job. He has still been paying child support but is currently behind about $400.

Could this be the reason for child abandonment? He has a court date during the month of may but we can't figure out what point shes trying to make with the child abandonment suit. How should he prepare for it? Does he need to have a lawyer present? Could they make him pay support for the last 17 years of his daughters life even though he gave cash to the mom? He does not have any receipt for the cash but he has lots of witnesses that he gave cash because she always came to his job to pick up the money.
My question would be who exactly requested the hearing? Don't automatically assume it was the mother. It might be a government agency on behalf of the daughter, might be the daughter trying to file for emancipation, or maybe it could be some other party.

Edit: Sorry, I was typing at the same time, Ithildriel.
 
Last edited:

mrsprr

Junior Member
I looked at the summons. It says

Mothers name "has made an application for a criminal arrest warrant against you for the crime of: Abandonment of Child- In-State(M). The criminal code section involved is Official Code of Georgia Annotated 19-10-1(a)
 

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