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GA: CS during appeal

Discussion in 'Child Support' started by renata, Nov 12, 2019.

  1. renata

    renata Law Topic Starter New Member

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    EX filed appeal of CS and says he does not need to pay during appeal process as the CS order has been stayed. He even said if he loses appeal he does not need to pay for the CS during the appeal, which means CS does not accrue? I'm very confused. It does not seem fair - how am I supposed to support my son for what could take another year?
  2. Zigner

    Zigner Well-Known Member

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    Never take legal advice from you ex.

    Get a job or some other (legal) source of income. Child support is not meant to pay 100% for the support of the child.
    leslie82, Red Kayak and justblue like this.
  3. zddoodah

    zddoodah Well-Known Member

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    Your entire post seems to be premised on the belief that what your ex told you is true, but it isn't.

    Also, read this.
    Last edited: Nov 12, 2019
  4. Red Kayak

    Red Kayak Active Member

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    Okay, I'll stop laughing now.

    Um, if he stops paying CS, the arrears (CS that was not paid, and is owed) most certainly accrue! A court order is a court order until it isn't a court order. Unless your child has aged out, or custody has changed, your ex is still going to have to pay something greater than zero in CS.

    Does your child support go through the state? Division of Child Support Services | Georgia Department of Human Services

    If not, request at court that child support payments go through the state. That way the person who deals with him actually gets paid for the irritation.

    On what basis is he appealing the CS?
    army judge and Zigner like this.
  5. army judge

    army judge Super Moderator

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    A prospective client once told me, "I want to appeal it."
    I asked, "On what basis?"
    He said, "It'll buy me time."

    I've always referred to that sort of thinking as the "buy me more time" Doctrine.

    I use the term prospective because I thanked him for thinking of me, but said I prefer to do criminal appeals.
    Red Kayak likes this.
  6. leslie82

    leslie82 Well-Known Member

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    Let him think what he wants - he'll find out eventually how wrong he is.

    Concur get a job - child support is never going to completely take care of your child nor should it since it's supposed to be what they would contribute if they still lived at home.

    My ex husband hasn't paid child support in 3 years. And he only has to pay for our daughter like $86 a month. For all four of his kids total - $331 a month. No one has gotten anything. If he keeps this newest job more than a few weeks, maybe. But I don't depend on it. When I did get it, I got $25 a week. It went into an account I had set up for my daughter when she briefly got SSI - and which her daycare came out of. Now it's just an account with her name on it.

    Oh and he owes me half of daycare - which he has yet to pay in 4 years and owes me $10,000+ and counting.

    You do your thing and don't worry about him.

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