Asked in Family Law for Georgia

Q: I'm divorced and my ex is 2 1/2 months late on his child support payments. What do I need to do? Visitation rights?

Is he still able to have visitation rights? Also, doesn't he suppose to notify me if he changes jobs? I really don't even know if he has one anymore. We also had a legal separation done in 2008, he was jobless then bit was ordered in the agreement when he got a job he was to pay child support which he never did from 2008 to the time our divorce was finalized in April 2014.

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1 Lawyer Answer
Eric J. Garber
Eric J. Garber
  • Augusta, GA
  • Licensed in Georgia

A: Yes, he is still entitled to visitation. Just because he has violated the relevant order (i.e. failing to timely pay child support) does NOT mean that you can also violate the relevant order (i.e., withholding the children from the father in violation of his visitation rights). You can, however, file a contempt action against him for his failure to pay child support, and in that action you can request that his visitation rights be suspended until he clears up his child support arrears.

Depending on the terms of your divorce decree, he may or may not be obligated to notify you about any changes in his employment. Basically, unless it specifically states that he is obligated to tell you in your paperwork (such as your divorce decree, income deduction order, etc.), he is not obligated to tell you.

Understand, however, that the above advice is general in nature; you should speak with a local family law attorney who can provide more tailored advice based on the specifics of your situation. Given that he is behind on his child support, you would have a good chance of obtaining an award (or at least a partial award) of your attorney's fees from your ex-husband based on his failure to timely pay child support, so there is little risk to speaking with and/or retaining said attorney to represent your interests.

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