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Child Support Modification Hearing Expectations in Georgia

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sdotgg

Member
My 12 year old son's father is requesting a modification because he lost his job a year ago... and hasn't been able to find a new job. Problem with this request is he has had absolute NO consistent involvement in his life since he was born. All in all, he's probably seen him about a dozen times. Before receiving the modification request in the mail, our last contact had been 3 years. To keep drama at a minimum, when payments stopped, I did reach out to him, with no reply and didn't bother. I was of course livid after receiving the notice and objected to it. I, in turn, filed an abandonment warrant and the solicitor was ready to haul him off to jail. I spared him going to jail and asked the court to give him time to come up with his payment, which they did. His payment is 630 a month and Child Support made a recommendation to reduce it 150. He miraculously came up with the 600 to avoid jail, having 2 weeks to do so. To make matters worse, my ex-husband (of now 7 years) takes my 12 year old with him during visitation with my 8 year old so he wouldn't feel left out. In return, I compromised with giving him a reduction in his child support. Not that this matters, but my 12 year old is a straight A student, in various academic clubs and medaled in academic competitions, and is an all-star travel baseball player. All of these things cost, both time and financially, that I do alone. He's currently 6500 in arrears. I'm completely aggravated with him and I want to know what to expect as we have court coming up.
 


HRZ

Senior Member
He is likely going to get a reduction in future CS requirements based on his factual low /no new income ....unless you can show he has made no effort to find employment and or has other significant income or is working off the books.

His economic duties are not tie to being involved in his sons life

HIs past due amounts are likely to remain in place.
 

sdotgg

Member
HRZ, thank you for that. From reading the posts, mentally, I'm prepared either way and wanted to hear the opinions of others. He's 12, so I know there is time to get this adjusted in the future. He has been in the 70k-90k range in the years I've known him. My hunch is that after our abandonment case, he decided to wait out 'looking for a job' until this modification was over so he could get the reduction. #ugh
 

HRZ

Senior Member
You might be smart to seek counsel well before the hearing.

HIs version of issues may be entirely self serving .....if his loss of job was his doing or "voluntary " or he remains voluntarily unemployed or underemployed it is my lay read that an earnings capacity might be imputed for him ....but I think you need the expertise of counsel to advance any such points and some more homework as to his employment issues.

Yes in some areas and careers it may be hard to find a job that meets ones ego expectations and one may be reluctant to take a 1/2 step down ...but that may not sell well as an excuse not to provide for ones child ...if in the hands of seasoned counsel.
 

sdotgg

Member
You might be smart to seek counsel well before the hearing.

HIs version of issues may be entirely self serving .....if his loss of job was his doing or "voluntary " or he remains voluntarily unemployed or underemployed it is my lay read that an earnings capacity might be imputed for him ....but I think you need the expertise of counsel to advance any such points and some more homework as to his employment issues.

Yes in some areas and careers it may be hard to find a job that meets ones ego expectations and one may be reluctant to take a 1/2 step down ...but that may not sell well as an excuse not to provide for ones child ...if in the hands of seasoned counsel.
His issues are completely self serving. We had court today and in mediation, I believe those self serving motives revealed itself. Initially, Child Support Services (CSS) imputed his earnings at 1k. Not sure where those numbers came from but I was able to make an objection on that is "NOT" what he is capable of earning. Upon re-review of his previous income, it was determined he IS capable of making more. I exclaimed we are making a permanent change on a temporary situation and if he has been interviewing as he say he has, he could get an offer tomorrow, yet this order would be signed today. They sided with me and put this as a temporary order! Initially, they suggested 6 months and I requested 3, of which they felt was fair, given it's already been a year. We decide on what was supposed to be 3 months, but he argued and had a temper tantrum for 4 months... that is AFTER repeatedly trying to see a judge to get this order signed for the lower amount. I opted for the temporary order, CSS, and the court mediator thought the temporary order was fair and made it clear to him he'd already been given a yearly without paying. Nevertheless, he continued to exclaim he couldn't find work. At that point, they realized it may have been more to his story of 'not' working and told him it would be in his best interest NOT to see a judge because ultimately, it would be at his discretion; that he would have an opportunity to speak, I would, and they would also. CSS told him to come to their office because jobs are always posted and he brushed them off. After that, he was told by the mediator to bring proof of what he had done to show his attempts at finding work and the 'interviews' he claimed to have been on, to bring the confirmations to show. It was a sad sight and everyone was visiby aggravated. At one point, he told CSS to be candid because she wanted to make a statement but held back. The mediator informed us she couldn't because she can't side with either of us and to just give her time to gather herself. It was definitely a circus. Thanks for your heads' up. I was at least prepared for it to go either way. I will more than likely have legal counsel for our next appearance just so I don't have to say much of anything.
 

HRZ

Senior Member
It seems you handled it well. And his credibility gaps came to light.

Even if there is a downsizing there might be a bit of latitude as to who gets picked and sometimes even a call for " volunteers" .

Hopefully by next time he will have some

sort of job
 

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