Can my ex be taken to court for back child support if we are separated? 3 Answers as of July 25, 2013

I have been separated for a year now from my husband. I have divorce papers and a custody agreement that he will not sign. He has not given any support, whether it be monetary or clothing/food for his son in over a year. Can he be taken for back child support? Also he is refusing to sign papers. And is refusing to pickup/drop the child he is visiting. Is it illegal to keep the child from seeing his father until his father starts supporting him?

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Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, there really is no way to get back child support without an existing Court Order. If he is not paying support and not willing to settle, you can request a temporary or final hearing to obtain support.
Answer Applies to: Georgia
Replied: 6/27/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
The only way you can get "back" child support is if you had a court order for child support; it doesn't sound like you have an order, so you can't get "back" child support. You can get child support going forward; talk to an attorney about your options to pursue this. As for a divorce, you don't need his signature or permission; you can file a divorce petition, have him served by the sheriff and the case would proceed whether he wanted it to or not; again, see an attorney regarding representation in a contested divorce.
Answer Applies to: Georgia
Replied: 6/27/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
First of all, you needed a lawyer a year ago. Get one now. Your problem is largely due to that failure to act. You can have him jailed. Why haven't you? It is a crime to not support a child. One note do not link visitation to support.
Answer Applies to: Georgia
Replied: 7/25/2013
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