Contempt Action / Motion for Reconsideration - Child Support

[allaboutdebt]

Georgia -
Is a "Motion for Reconsideration" typically granted by the judge if the father was in contempt and failed to show to his hearing and has a history of being in contempt?The judge awarded for the entore amount in contempt. The judge also ordered an incarceration order (arrest warrant). Now, 2 weeks after his hearing he hires an attorney who submits a Motion for Reconsideration. His argument is that our child turned 18 in December 2009 still a fulltime student and graduated in May 2010. He is saying that he does not owe CS through graduation and stopped on her birthday in 2009 although she was still a fill time student. Need opinions and advice!!

 

[allaboutdebt]

Contempt & Motion for Reconsideration & CS ending time

Georgia -
Is a "Motion for Reconsideration" typically granted by the judge if the father was in contempt and failed to show to his hearing and has a history of being in contempt?The judge awarded for the entore amount in contempt. The judge also ordered an incarceration order (arrest warrant). Now, 2 weeks after his hearing he hires an attorney who submits a Motion for Reconsideration. His argument is that our child turned 18 in 2009 still in school and graduated in 2010. He is saying that he does not owe CS through graduation and stops on her birthday although she was still a fill time student. Need opions and advice!![/QUOTE]

 

[nextwife]

Full time HIGH SCHOOL student?

 

[LdiJ]

Georgia -
Is a "Motion for Reconsideration" typically granted by the judge if the father was in contempt and failed to show to his hearing and has a history of being in contempt?The judge awarded for the entore amount in contempt. The judge also ordered an incarceration order (arrest warrant). Now, 2 weeks after his hearing he hires an attorney who submits a Motion for Reconsideration. His argument is that our child turned 18 in December 2009 still a fulltime student and graduated in May 2010. He is saying that he does not owe CS through graduation and stopped on her birthday in 2009 although she was still a fill time student. Need opinions and advice!!

In general motions for reconsiderations generally don't get very far with judges.

The law in GA is that child support goes to age 20 or graduation from high school, or some other form of emancipation, whichever comes first. So unless your court orders are old and state that child support is to stop at age 18, I don't understand why his attorney would even make the attempt.

I also don't think its an attempt that is going to go very far.

 

[allaboutdebt]

Unfortunately it was signed in 1995 and only states til "18" however Child Support Services said that I needed to send in a letter from her HS and that would extend it until she graduates. That was done. I also read in the new CS laws January 2007 the new law stating 18 or graduates whichever occurs last and in my case, graduates.It also says in the new law an order signed on or after 1992 which mine was. Child Support Services said I was grandfathered in.He failed to appear for contempt action saying he was having transportation issues. I recieved a "MOtion for Reconsideration" filed 15 days later and might I add was written VERY sloppy, stated my child was 18 in 2001 (she was 10) and numerous other mistakes for reasons that he should not pay til she graduates but when she turned 18. He was also incarcerated less than a year ago for contempt for non payment of CS by the same judge and has prior negative history with the same judge regarding cs payments. This guy is Father of the Year....He pays very little and has never seen where our child lives...I have sent numerous letters via attorney to all which have always been ignored requesting modifcation and change in language to reflect ending time. He left the country as well. He has blatantly diregarded his responsibility. What are the chance of the judge denying his request for reconsideration? Your thoughts.

 

[CourtClerk]

He may not be Father of the Year, but your child also isn't a National Merit Scholar either, now is she?

Why is she still in HIGH SCHOOL?

 

[allaboutdebt]

She turned 18 in December 2009 and graduated in May 22 2010. She graduated on time but had an early birthday.

 

[stealth2]

Same reason my son was 18 when he graduated, CC. And he IS a National Merit Scholar. Just sayin'.

 

[allaboutdebt]

CC - No reason for you to respond to this thread as you have offered zero advice. Thanks in advance for your cooperation.

 

[stealth2]

CC - No reason for you to respond to this thread as you have offered zero advice. Thanks in advance for your cooperation.

You actually don't get to decide who responds to you. It may be wise for you to remember that if you expect the *volunteers* here to give you free information. Ya know?

 

[allaboutdebt]

He may not be Father of the Year, but your child also isn't a National Merit Scholar either, now is she?

Why is she still in HIGH SCHOOL?

She is not in HS She gradated May 2010 on time with a 3.8.