QUESTION

MY DIVORCE FROM MY EX-HUSBAND BECAME FINAL IN 2002. HE WAS ORDERED TO PAY ALIMONY AND CHILD SUPPORT. SINCE JAN. OF THAT YEAR I HAVE NOT RECIEVED EITHER. OUR YOUNGEST CHILD IS NOW 24 YRS OLD. MY EX-HUSBAND REMARRIED LAST YEAR, IS IT TOO LATE TO REQUEST TO BACK CHILD SUPPORT?

Asked on Mar 23rd, 2011 on Family Law - Georgia
More details to this question:
MY DIVORCE FROM MY EX-HUSBAND BECAME FINAL IN 2002. HE WAS ORDERED TO PAY ALIMONY AND CHILD SUPPORT. SINCE JAN. OF THAT YEAR I HAVE NOT RECIEVED EITHER. OUR YOUNGEST CHILD IS NOW 24 YRS OLD. MY EX-HUSBAND REMARRIED LAST YEAR, IS IT TOO LATE TO REQUEST TO BACK CHILD SUPPORT?
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1 ANSWER

Child support is always collectible.  Whereas with other issues, alimony being one of them, if you do not pursue your right to that award (a Court Ordered it, it is an "award"), then you may lose your right because you "sat on it too long."  Child support does not go away, however, and no matter how old the child is, if he was ordered to pay for a certain amount of time, he is now, technically, in "Contempt" of the Court Order -- in the Court where the Order was signed and filed.  It is something you can file for, or if you hire an Attorney to do so, they can ask for an award of Attorney fees and Court Costs -- if awarded, then you should receive your money back once he pays what he was ordered to pay for those fees.  Problem is, for some people, you have to pay for those things upfront to get things rolling -- usually.  There is no guarantee that a Judge will award Attorney fees, so most Attorneys will not go to Court with a promise to pay or a possibility that the Judge will award those fees. I hope this helps! Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com
Answered on Oct 09th, 2011 at 10:45 AM

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