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  1. #1

    Default Having Difficulty Collecting Arrears

    My question involves child support in the State of: GA

    My case began in the state of Michigan and that is where I currently live. MI had trouble getting anywhere with collecting payments other than tax refunds because he worked for cash. I then filled out paperwork to have my case sent to GA. Things finally started to progress when suddenly he filed for bankruptcy. Of course, all collection efforts had to stop. The bankruptcy trustee did disperse $170 per month towards the arrears and he was supposed to be making the monthly payments on his own, but he never did. I tried to get something done about that, but got nowhere. After 5 years, the bankruptcy finally ended in March and I was able to get GA to start moving again. He was subpoenaed to go to court on August 6th for a contempt hearing. I found out the weekend before that he was planning a trip up here to MI for that week. Since he did not show up to court, GA issued a warrant for his arrest and I tried to contact MI friend of the court to see if there was anything they could do while he was in town. They said that since the case was now in GA, they couldn't do anything. I then waited two weeks and called the county that issued the warrant and was informed that it had been sent over to the county where he currently lives and that county was responsible for picking him up. I've been waiting for something to progress and contacted GA DCSS, who just said that as long as the warrant is out, they cannot do anything until after he is arrested. Today I called the sheriff's office where he currently lives and asked if they had any record of a warrant in his name. They said no and of course the person who handles warrants in the other county was already gone for the day.

    I'm just really frustrated with the entire system and I don't understand why it is so hard to get anything done. The current arrears balance is over $38,000 and I have not received any payments since December. If anyone has any experience with this stuff or can offer any sort of advice, I would really appreciate it.

  2. #2
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    Default Re: Having Difficulty Collecting Arrears

    Quote Quoting frustrated754
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    I tried to get something done about that, but got nowhere.
    What did you try to do and why were you unsuccessful.
    Quote Quoting frustrated754
    I've been waiting for something to progress and contacted GA DCSS, who just said that as long as the warrant is out, they cannot do anything until after he is arrested. Today I called the sheriff's office where he currently lives and asked if they had any record of a warrant in his name. They said no and of course the person who handles warrants in the other county was already gone for the day.
    Enforcement of child support is typically a low priority. The police don't have the manpower to send officers out searching for every person wanted on a warrant. Most people who are picked up on warrants have that happen following a traffic stop or similar minor encounter with the police that results in a warrant check.
    Quote Quoting frustrated754
    I'm just really frustrated with the entire system and I don't understand why it is so hard to get anything done.
    The system is overloaded.

    There are no good answers with a deadbeat like your ex-, as it seems pretty clear he'll ignore every summons served upon him - and it's not clear that he has any money with which to pay arrears even if he is dragged into court.

  3. #3

    Default Re: Having Difficulty Collecting Arrears

    Quote Quoting Mr. Knowitall
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    What did you try to do and why were you unsuccessful.

    I had several different issues during the bankruptcy. It was a joint bankruptcy with his wife. It started out as a chapter 13 and they had the arrears listed at $10,000, when they were actually over $20,000. I filled out the paperwork they sent me but it was never changed. The bankruptcy agreement stated that the trustee would disperse $170 per month towards arrears and he was responsible for making the monthly payments. Those did come in for a couple months and then stopped. I tried to get DCSS to file a relief from stay which can be done for support which has become due after bankruptcy was filed. They have the policy of not doing anything regarding a case as long as a bankruptcy is ongoing. I was also advised by two different lawyers that it would be best to just wait out the bankruptcy so that he could get out from under his debts and have more money to go towards his payments. In December, the case was switched from a Chp 13 to a Chp 7. They listed the arrears as being paid off since it was listed at only $10,000 and the trustee had been sending the $170 per month. I tried to contest this again and was told just to wait it out due to the short time frame. The bankruptcy ended in March.

    Quote Quoting Mr. Knowitall
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    Enforcement of child support is typically a low priority. The police don't have the manpower to send officers out searching for every person wanted on a warrant. Most people who are picked up on warrants have that happen following a traffic stop or similar minor encounter with the police that results in a warrant check.
    I do understand this. I do not know how his area is in terms of crime, but where I live it would not be a priority. The thing that upset me so much is that I was told two different things. County 1 said they had to send the warrant to his county, which would then pick him up. I never expected it to be an instant thing. I just decided to call his county and see if they could/would give me any information at all because I figured it wouldn't hurt. I did not expect to be told that they have no record of a warrant against him at all. They also have a website which lists active warrants and his name has never shown up on it.

    Quote Quoting Mr. Knowitall
    View Post
    The system is overloaded.

    There are no good answers with a deadbeat like your ex-, as it seems pretty clear he'll ignore every summons served upon him - and it's not clear that he has any money with which to pay arrears even if he is dragged into court.
    I understand the system is overloaded. That's why I try to do everything I can to move things along. If he moves, I provide them the address, the phone number. Any bit of information I can get I pass along. I waited until after I received notice in the mail that the bankruptcy was over to ask about pursuing enforcement and they had no idea that the case was over. I'm just fed up with hearing the word can't over and over again.

    As far as having money to pay the arrears, I'll give you this: I have no idea if he is currently working. He ran his own business and was still doing so when they filed banruptcy, but by the end stated that he was unemployed. Unless I were to drive down there and stalk him, I can't say if that is true or not. But he was given the option to make a $2500 payment to avoid going to court at all as long as he set up payment arrangements. Instead, he had the money to take drive 2000 miles round trip and stay at a hotel that starts at $200/per night, not including food and other expenses.

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