Can my fiancé get an extension on a purge payment for child support? 2 Answers as of January 30, 2012
My fiancé appeared in court a month ago and was ordered to make a purge payment of $1000 and since they are already taking child support out of his check, we were unable to save for this payment. We are both concerned that he will get jail time if it's not paid by the due date. I am 30 weeks pregnant with his child and do not want him to miss the birth of his son or lose his job because of this. Is it likely for his judge to approve an extension?Free Case Evaluation by a Local Lawyer!
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It is not possible to tell you the likelihood of a judge granting an extension. The best way of being granted one would be to have the consent of the custodial parent in granting the extension. It would also help to 1) pay as much of the purge amount as possible and 2) prove to the court the fact that he was unable to come up with more (by providing proof of all income and expenditures since the order was issued. To clarify, you could file a pleading (such as a motion for reconsideration) asking the judge grant a deadline extension. Alternatively, you could file an answer if a contempt complaint is filed (due to your failure to meet the deadline). The proof would be shown during a hearing pursuant to either filing. Again, your husband should pay as much of the $1000 as he possibly can; and show try any and every avenue reasonably available to him to borrow funds. A court will only be sympathetic if they reasonably believe that the non-custodial parent has made every effort to pay their required child support.
Answer Applies to: Georgia
Replied: 1/30/2012
Ashman Law Office | Glen Edward Ashman
Your chance to argue the time frame was at the last court date. I assume with jail at stake he had a lawyer, so call that lawyer to see if he can do anything else.
Answer Applies to: Georgia
Replied: 1/26/2012




