• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ga Cse

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Whyte Noise

Senior Member
In Georgia, CS stops when the child turns 18, dies, marries, or becomes self supporting, whichever occurs first. (Yeah, my name may say MissouriGal but I was born and raised in Ga. and lived there for 35 of my 38 years on this earth... AND, my divorce took place in Ga.)

Your youngest turns 18 in July. At that point in time, your ex's responsibility to pay you "monthly" for current child support ends. Period. No if's, and's or but's about it. It's over with.

You saying you want the $30K arrears PLUS monthly is a mute point lady. The court made an order for him to pay $50 a month towards arrears. And whether you like it or not, that is ALL he has to pay at this time. Once July comes, he's not gonna be obligated to pay you monthly for current support any longer. What the court will order him to pay for arrears remains to be seen, but there will be no more current support due.

You're cutting off your nose to spite your greedy little face. "I wanted the $30,000 PLUS the monthly". He would have paid you $20K, and STILL owed you $10K more... so guess what? You woulda gotten $20,000 and the remainder would STILL have been coming to you monthly like you wanted. You screwed yourself. No one's fault but yours.

You can not attach his wife's income nor her assets to get what HE owes. She doesn't owe a damn thing to you. Nothing at all. Those are his kids not hers, and under the law she is in no way, shape or form obligated to pay you one thin dime simply because she married a man with a CS debt. You'll be the laughingstock of the courthouse clerks if you try to file anything against that woman. SHE doesn't owe you a thing. Her marrying your ex doesn't obligate her legally to pay his debt.

The court ordered him to pay $50 a month towards arrears, and when his current CS obligations end, they can order another amount to be applied totally towards those arrears and you will receive THAT monthly.

You can get a judgment against anybody you want for X amount, but unless they have the means to pay that judgment, guess what you'll have? A piece of paper that says he owes you. That's pretty much the same thing you have right now, isn't it? Attaching a lien to property won't get you one thin dime unless and until that property is sold FOR A PROFIT and he receives assets from that sale. Guess what? If you attach a lien on the house they never sell the it.... you STILL don't get any money.

You need to look at what the hell you're doing. Seriously. You're so pissed that you want to get him NOW. NOWNOWNOW dammit!! Sure, go get your judgment instead of at least having that monthly arrears payment coming in.... and when he has nothing to attach for it, you're gonna be left with NO payment every month (because the judgment will release him from the monthly arrears payment), and NO $30K lump sum either.
 


Whyte Noise

Senior Member
WHWT said:
Not so......his attorney told CSE they would pay the $20,000 and stop all obligation or no deal. He was mad because our oldest daughter quit school, had a baby and then eventually married the father who has other children. She is now 20. She had gone on with her life and did not want to go every other weekend to see her dad. They youngest was getting busy with her high school issues and did not want to go either.

As far as the $20,000......I want the $30,000 so I opted for him to continue to pay monthly CS and arrears. :o

Even if this is true, then this part of your post is what's relevant:

I want the $30,000 so I opted for him to continue to pay monthly CS and arrears

You made the decision on how it should be paid... and now since the children are grown you don't like it anymore. Oh well. There's a court order stating exactly what you agreed to. You can't just go and try to change that because you don't like it anymore.
 

WHWT

Member
child support questions

MissouriGal said:
Even if this is true, then this part of your post is what's relevant:

I want the $30,000 so I opted for him to continue to pay monthly CS and arrears

You made the decision on how it should be paid... and now since the children are grown you don't like it anymore. Oh well. There's a court order stating exactly what you agreed to. You can't just go and try to change that because you don't like it anymore.

Ok......here we go again. Let me clarify! CSE was going to accept his proposal and close our case. The only thing they were questioning with his attorney was he continue to keep the kids on his insurance. Well my husband has them on his insurance as well. My ex would only accept paying me $20,000 and completely close case but still have his parental rights. If he was going to keep his parental rights and not give them up so my husband could legally become their father then it was a no go. He just wanted to pay me off because the kids were not coming regularly for visits and he was mad.

The way I look at it as long as he wants to claim to be their father than he can pay me for raising them. If he could pay me $20,000 two years ago then I am sure he can pay it now.
 

nextwife

Senior Member
And if he drops dead tomorrow, or decomes severly disabled (as my dad did prior to my 18th birthday) and he doesn't have assets of his own, you may end end up not only NOT getting the $30,000, you may end up not even getting the $20,000 that was offered.
 

WHWT

Member
nextwife said:
And if he drops dead tomorrow, or decomes severly disabled (as my dad did prior to my 18th birthday) and he doesn't have assets of his own, you may end end up not only NOT getting the $30,000, you may end up not even getting the $20,000 that was offered.

There we go....can I attach to life insurance policies??? :confused:
 
You really screwed yourself over by not taking that $20000. I highly doubt he offered that just because the kids weren't coming over for regular visits. And I can't blame him for not giving up his parental rights. Ya know, the more you open your mouth, the more upstanding of a father he seems like to me. He tried to make a compromise with you (one that would have been a good deal for you) by offering to pay up 2/3rds of the arrearage in one lump sum but you were too greedy. I know that in my state that the CP has no say about what deal CSE and the NCP make. In fact, the CSED in my state offered us a deal to pay off the arrearage too and there's nothing that his ex can do about it. CSE would rather get the arrearage cleared than continue to mess with monthly payments forever. Not only does it benefit the child (afterall, paying a monthly sum for the next 20 years isn't going to do your kids much good because I doubt you'll spend a dime on them) but it frees up CSE to deal with other pressing cases (like REAL deadbeats who don't pay a dime!)
 

WHWT

Member
child support questions

I made it clear that I want money and made it clear to the ex. So what is the big deal here.

He never filed anything to make me send the kids all he did was yell at me. I told him that I could not force them to go some where when they all ready had plans. He complained to CSE but they did nothing. We went on with our life and he needs to get over it. My husband has been more of a father to them than he has.

Anyway, it is too late. The kids are grown and he still owes me.
 

nagol818

Member
Well I want my $21,000 the NCP owes me too but that doesn't mean I'm going to get it NOW when I want it.
 
Last edited:

WHWT

Member
c

nagol818 said:
What are you going to do? Kill him?

Of course not, but because it was brought to my attention on this board concerning his life insurance policy then I am going to check into this and see if I can attach a lien to it. :)
 

nextwife

Senior Member
WHWT said:
Of course not, but because it was brought to my attention on this board concerning his life insurance policy then I am going to check into this and see if I can attach a lien to it. :)

Life insurance passes outside probate. And it is not payable until death. Any term policies have no cash value and are not lienable. Also, if WIFE bought and paid for the life policies against him, as I did with hubbies life insurance, you can't touch them as they are not now, nor ever will be, his.


WHWT said:
I told him that I could not force them to go some where when they all ready had plans. .

Anyway, it is too late.

Great parenting. Who just lets their teens decide what they want to do and where they want to go?

No wonder they apparently have no aspirations beyond a HS degree (if that) and procreating. And when your kid wanted to stop her education and stagnate at only 17, you were fine with that - as long as you kept getting CS.
 
Last edited:

WHWT

Member
child support questions

nextwife said:
Life insurance passes outside probate. And it is not payable until death. Any term policies have no cash value and are not lienable. Also, if WIFE bought and paid for the life policies against him, as I did with hubbies life insurance, you can't touch them as they are not now, nor ever will be, his.




Great parenting. Who just lets their teens decide what they want to do and where they want to go?

No wonder they apparently have no aspirations beyond a HS degree (if that) and procreating. And when your kid wanted to stop her education and stagnate at only 17, you were fine with that - as long as you kept getting CS.

Let see........I don't recall this message board talking about relationships. I believe I posted on Child Support. Most people posting here are trying to get money........granted I am fortunate to be recieving monthly cs, but I want the arrears in full and looking for ways to get it.

At least I am up front about what I am here for. The children do have there issues but that is the ex's fault.
 

Gracie3787

Senior Member
WHWT said:
Let see........I don't recall this message board talking about relationships. I believe I posted on Child Support. Most people posting here are trying to get money........granted I am fortunate to be recieving monthly cs, but I want the arrears in full and looking for ways to get it.

At least I am up front about what I am here for. The children do have there issues but that is the ex's fault.

You asked questions, and you have gotten answers that are legally correct, ok, so you don't like the answers- but it doesn't change the facts.

1. You asked if you can make your ex's wife pay- many times you recieved the correct legal answer- NO, his wife WILL NEVER be ordered to pay YOU.

2. You asked if you can attach or put liens on HIS WIFE'S property- you recieved the correct legal answer- NO, and even if you could- the legal fact is that a lien is only good when the property IS SOLD- and YOUR EX makes a PROFIT.

3. You asked if you can attach or put a lien on HIS life insurance- you recieved the correct legal answer- NO.

You are "up front" about your motivation- greed and revenge, which is why I said in my previous post that you are the most openly greedy, vindictive CP posting here.

You can always file for a modification of the arrears payments after HIS youngest turns 18. However, if you do, you need to understand 2 things:

1. Your ex's wife's income, assets, etc. will not be an issue.

2. The fact that YOU WILLINGLY turned down lump sum payment of most of the arrears (while at least 1 of HIS children was a minor) WILL HURT YOUR CASE IN COURT.

You want YOUR money, you will just have to accept the reality that you CANNOT get it all at once. Actually, it shouldn't bother you a bit to wait- after all, it apparently didn't bother you to wait while your kids were minors , otherwise you would have done more to get more of the CS ARREARS FOR THEM.
 
Last edited:

WHWT

Member
child support questions

Well if I put a little pressure on the new Mrs X and get my money what is it to YOU? :confused:
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top