• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ga Cse

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
W

WHWT

Member
[/FONT]What is the name of your state? GA

My ex and I have two children. He owes $30,000 in arrears. He makes regular CS payments monthly and has for the past 5 years. He also has been paying $50 monthly that goes toward arrears. He lives in another state and our youngest child turns 18 in July. He has always paid me directly, but a year ago we got into a fight so I contacted the state and now he pays me through them. He makes his payment to the state he lives in and then they send it to CS here in GA.

What steps do I take to get my money in full?
 
Last edited:


N

nextwife

Senior Member
Do you have evidence that he has assets to cover the arrrearage? If not, then he will continue to pay toward the arrearage after your child turns 18 and until paid in full. After the child is emancipated, the CS payments will continue, but all toward arrearage.
 
W

WHWT

Member
child support questions

This is what I know...

His wife bought them a home with property and it is in both of their names. I think both vehciles are in both of their names. Other than that I don't think he has any thing. The income to puchase these items came from his current wife.

Can I attach to them?

How do I get him to continue to pay full child support payments after our daughter turns 18?

Also our daughter is no longer in school .... does this effect anything?
 
N

nextwife

Senior Member
So you state he HAS been paying for some time and he has no PERSONAL assets. His garnishment through the state will continue, but, technically, if daughter is "done" with school, you probably are not entitled to collect current CS. Expect that he would be able to have the court emancipate her eventually.

Why do you think you should collect CS from his current wife's stuff? Sounds as though she being around has enabled him to pay regularly (and then some) that he may not have paid without her. Even if you lien the house, that will only enable you to get paid IF she sells. Once CS is paid up, the lien will be lifted.

And, frankly, seizing a car in another state may achieve little, as most car loans are "upside down". The other very obvious problem is that he likely needs transportation to be able to continue to get to work so he can continue to pay toward the arrearage.

Why isn't daughter in school?
 
Last edited:
W

WHWT

Member
child support questions

nextwife said:
So you state he HAS been paying for some time and he has no PERSONAL assets. His garnishment through the state will continue, but, technically, if daughter is "done" with school, you probably are not entitled to collect current CS. Expect that he would be able to have the court emancipate her eventually.

Why do you think you should collect CS from his current wife's stuff? Sounds as though she being around has enabled him to pay regularly (and then some) that he may not have paid without her. Even if you lien the house, that will only enable you to get paid IF she sells. Once CS is paid up, the lien will be lifted.

And, frankly, seizing a car in another state may achieve little, as most car loans are "upside down". The other very obvious problem is that he likely needs transportation to be able to continue to get to work so he can continue to pay toward the arrearage.

Why isn't daughter in school?
Click to expand...

My ex is self employed and has been for years. He paid his child support before he married and she has only been in the picture for a few years. Our daughter got out of school early but will be graduating with her class in May. I have not told him and instructed the kids not to tell him about her not being in school. Can I get in trouble with CS services for not reporting this to them?

How do I go about putting a lien on the home, land and cars?
 
P

Phnx02

Member
WHWT said:
What is the name of your state?GA CSEWhat is the name of your state? GA

My ex and I have two children. He owes $30,000 in arrears. He makes regular CS payments monthly and has for the past 5 years. He also has been paying $50 monthly that goes toward arrears. He lives in another state and our youngest child turns 18 in July. He has always paid me directly, but a year ago we got into a fight so I contacted the state and now he pays me through them. He makes his payment to the state he lives in and then they send it to CS here in GA.

What steps do I take to get my money in full?
Click to expand...
Once your youngest child turns 18, his obligation for regular cs expires. However, what he owes in arrears does not ever expire. He is legally responsible to pay this debt in full until his death. Since you're cs goes thru the state, they may or may not continue to collect the arrears on your behalf. You should contact them now and ask if they will still collect this for you. Sometimes the state will say once the child reaches emancipation, they are no longer obligated to collect arrears and they will stop.

If this happens, what you need to do is file for a judgement. In a nutshell, this is basically a new order that re-confirms he still owes this debt and it will follow him wherever he goes. Sometimes, you can garnish wages and tax refunds with this. If he should ever come into a large amount of money, you can use this judgement to get your share that he owes you. Not sure about putting a lien on a house, but a judgement works kinda like this. Research it.
 
P

Phnx02

Member
Phnx02 said:
Once your youngest child turns 18, his obligation for regular cs expires. However, what he owes in arrears does not ever expire. He is legally responsible to pay this debt in full until his death. Since you're cs goes thru the state, they may or may not continue to collect the arrears on your behalf. You should contact them now and ask if they will still collect this for you. Sometimes the state will say once the child reaches emancipation, they are no longer obligated to collect arrears and they will stop.

If this happens, what you need to do is file for a judgement. In a nutshell, this is basically a new order that re-confirms he still owes this debt and it will follow him wherever he goes. Sometimes, you can garnish wages and tax refunds with this. If he should ever come into a large amount of money, you can use this judgement to get your share that he owes you. Not sure about putting a lien on a house, but a judgement works kinda like this. Research it.
Click to expand...
One thing I forgot to add.....Also if he should ever collect disability, SS, or unemployement....you can use the judgement to garnish for the arrears.
 
W

WHWT

Member
child support questions

I have no clue how to research a judgment.
How do I go about getting a judgment?
How do I find out this information?

My ex was told he only had to pay $50 in arrears. Well that will take years to pay off so I am trying to get my money now.

Please help me. :confused:
 
Last edited:
W

WHWT

Member
child support questions

WHWT said:
I have no clue how to research a judgment.
How do I go about getting a judgment?
How do I find out this information?

My ex was told he only had to pay $50 in arrears. Well that will take years to pay off so I am trying to get my money now.

Please help me. :confused:
Click to expand...

PLEASE HELP
 
W

Whyte Noise

Senior Member
Consult with a local attorney on what steps to take.

We're just people on a message board, we can't file any paperwork for you or anything.
 
N

nextwife

Senior Member
His payments are capped at a certain percentage of income. Once there is no longer current support due, he will be able to pay what he is paying now ALL toward arreareage, rather than just $50.

A lump sum payment is possible IF he has the money somewhere to pay one or inherits money enough to cover it.
 
W

WHWT

Member
MissouriGal said:
Consult

With

An

Attorney.
Click to expand...
I don't have the money for an attorney especially since he lives in another state. I am asking these questions to find out how I can go about getting this money either through CS or by doing the leg work myself.

Someone that knows how to go about doing this please let me know what I can do to get this money.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top