Motion To Modify Questions

[gw]

Soc, if I file a Motion to Modify, is there anything specific I should put in the motion to get this matter heard asap since support is being paid but the child is getting nothing?

The County this would be heard in uses Child Support Magistrates instead of Judges and I've been told by the Court Administrator that I cannot request this matter to be heard before a Judge.  Can you tell me why?  Should I not be concerned about this?

Mailing of the paperwork needs to be done by a party not involved in the case.  Can my wife mail the paperwork or would it be best to get someone not related to me to mail it?

I want to thank you for all the help you have given to me and others on this board.  

[socrateaser]

>Soc, if I file a Motion to Modify, is there anything specific
>I should put in the motion to get this matter heard asap since
>support is being paid but the child is getting nothing?

The magic words are: "The child is suffering irreparable harm due to the obligee parent redirecting substantially all of obligor's child support payments to obligee's sole use."

>
>The County this would be heard in uses Child Support
>Magistrates instead of Judges and I've been told by the Court
>Administrator that I cannot request this matter to be heard
>before a Judge.  Can you tell me why?  Should I not be
>concerned about this?

The State can force you into an administrative hearing before letting a judge hear the case, however, you have an absolute due process right to a new trial on the issue, should the hearings officer not rule in your favor.
>
>Mailing of the paperwork needs to be done by a party not
>involved in the case.  Can my wife mail the paperwork or would
>it be best to get someone not related to me to mail it?

Your wife is fine, as long as she is not named as a party in the paperwork.

[gw]

Would it be wise for me to ask for an Administrative Hearing?  If so, how do I do this?

I apologize for asking so many questions.  

[socrateaser]

>
>Would it be wise for me to ask for an Administrative Hearing?
>If so, how do I do this?
>
>I apologize for asking so many questions.  

You don't have to apologize. Unfortunately, I have no special knowledge of GA civil procedure, so I can't tell you how to get a hearing.