Silverbach Group Recovers Unpaid Child Support
Divorce Settlement Case Review:
Child Support Recovery: Back-Payment of Child Support Payments, Contempt Case
A local Cobb County woman took her ex-husband back to court for non-payment of child support. Years prior to this case, as part of their divorce case, she was awarded custody of their child and he was ordered to pay monthly child support payments. Her records showed that her ex-husband, the father of her child, had not supported their child at all in nearly ten years. These payments had never been made and she wanted to collect the unpaid child support that was owed.
Legal Issues with Her Case:
- Several years had passed since the child support payments were due. She had let many years go by and had not tried to collect any past due support.
- The child was now over age 18, had graduated high school, and was thus “emancipated.” The client called The Silverbach Group to investigate the child support payments that were never paid to her. After consulting with our attorneys, she discovered that the law allows unpaid child support (from a prior judgements) to be collected going back seven years. After discovering this, she decided to pursue payment of back-due child support.
The Silverbach Group assisted this client in the collection of the unpaid child support from several years prior to the child turning eighteen. While we could only go back seven years from the date we filed her case, she could have recovered more, had she come to us sooner. We filed a contempt action against the father of the child for unpaid child support. We sought the past due amount in child support payments, interest, and attorney fees.
Though her child had long since graduated high school, we were able to go back and request payment of the child support arrearage accumulated in the seven year window. Rather than face the prospect of going in front of a judge and being found in contempt of court, the ex-husband settled out of court with our client. The client received a quick settlement of more than $25,000.00 for years of back-due child support payments.