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Non-Custodial Parent Refuses to Pay Chid Support

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  • 12-13-2011, 10:23 PM
    frustrated blogger
    Non-Custodial Parent Refuses to Pay Chid Support
    My question involves child support in the State of: GEORGIA

    ok i am an active duty soldier and my sons dad (he is higher ranking) is as well, the child support office here in georgia gave him a set amount to pay because we recieved our paternity test and it was established that he was the bilogical father. he refused the set amount because he said that he can not afford it. he refused to bring in supporting documents and refused to report back to the agency. my question he i what else can be done he has since then deployed and the matter is at a standstill i was told by his case manager that GA no longer does back child support, and that they can not start the child support without his signature agreeing to the set amount. he has never contributed in the care of my son and has never came to visit him. is there anything that i can do i feel i am getting the run around and the agency isn't doing whats best for my son.
  • 12-13-2011, 10:26 PM
    Dogmatique
    Re: Ncp Refuses to Pay Chid Support
    Please explain what his case manager told you.

    But in the meantime, talk to his command. The military takes this VERY seriously - you may have a lot more luck going through them than through the regular CSE folk.

    Edited: given new information.
  • 12-13-2011, 10:31 PM
    frustrated blogger
    Re: Ncp Refuses to Pay Chid Support
    the case manager siad that after calculating my income and childcare expenses and calculating his income and splitting the costs that he was obligated to pay 609.00 a month. he told he he couldn't afford it and she asked me if i would agree to lower the amout and i said yes to 509.00 he said he couldn't afford that either. and i said i wasn't lowering it anymore and she stated that since we couldn't agree on an amout that he would have to take me to court. i asked her about back child support and she said thae state of GA no longer acknowledges backpay. and i did speak with his chain of command and they made him go down to the CSE office. because he tried to deploy without even going to try and settle. i don't know what else to do and everytime i call the CSE office they say they can't do anything until he comes home. and when he does we have to wait to get a court date. and the thing is i deploy to korea 2 months before he returns back
  • 12-13-2011, 10:42 PM
    Dogmatique
    Re: Ncp Refuses to Pay Chid Support
    When you say "back pay" are you referring to the money he hasn't paid since the order was made, or are you talking about a time before you filed/before it was ordered?
  • 12-13-2011, 10:43 PM
    frustrated blogger
    Re: Ncp Refuses to Pay Chid Support
    before it was ordered
  • 12-13-2011, 10:53 PM
    Dogmatique
    Re: Ncp Refuses to Pay Chid Support
    There's a difference between back pay - which is arrears, basically - and retroactive support. What has happened is that you've been denied retroactive support.

    So, is there actually an ORDER in place? Or were you still in mediation when he deployed?
  • 12-13-2011, 10:58 PM
    frustrated blogger
    Re: Ncp Refuses to Pay Chid Support
    in mediation. they didn't set the court date because he was due to deploy. what can i do at this point is there anything
  • 12-13-2011, 11:16 PM
    Dogmatique
    Re: Ncp Refuses to Pay Chid Support
    There's the problem. If you already had an order in place, you would be able to enforce the order even while he's deployed.

    But since he's deployed and there's no court order, the SSCRA does protect him (assuming he actually invokes it - it's not automatic. You might want to mention that to CSE? That's really your only hope from what I can gather).

    Failing that, you'll have to wait until he's back or he appoints an attorney to represent him.
  • 12-13-2011, 11:34 PM
    Disagreeable
    Re: Ncp Refuses to Pay Chid Support
    Actually Doggie, the SSCRA would allow a court to enter a temporary CS order, based on the service members income.The reasoning is that the order would not be materially affected by lack of representation and can be modified when the service member returns. This is in a situation where nothing else is in dispute and the incomes are present.

    Quote:

    Garnishments, attachments and executions of judgments may
    also be stayed and/or vacated under similar terms. Court may
    grant sua sponte; if member requests a stay, it MUST be
    granted unless court finds that ability to comply with judgment or
    order is not materially affected because of military status
    (§523).
  • 12-17-2011, 08:16 AM
    NdK1009
    Re: Ncp Refuses to Pay Chid Support
    Perhaps I can offer a silver lining: There is nothing (as far as I know) that is preventing you from immediately filing your petition for a court hearing. Granted, the hearing won't occur until he returns or appoints an attorney, but the child support is typically ordered effective as of the date that you filed.

    Also, if you don't have an attorney, you may want to look into retaining one since you said that you will be leaving shortly before he returns so that you don't have additional delays on your case.
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