Fayetteville, GA asked in Family Law for Georgia

Q: Can a 18yr old move in with the non custodial parent making him not have to pay his child support

18yr old moved out without custodial parent knowing now his father has stopped his child support is he not in contempt of court since the child isn't 19

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2 Lawyer Answers
Eric J. Garber
Eric J. Garber
Answered
  • Augusta, GA
  • Licensed in Georgia

A: Yes, with a qualification. To accomplish this, the non-custodial parent will have to file a Child Custody/Support Modification Action, with the eighteen year old filing an "Affidavit of Election" (attached as an exhibit to the non-custodial parent's Complaint for Modification) stating that the eighteen year old wishes to live exclusively (or at least primarily) with the current non-custodial parent. Note, however, that while the child's election is presumed enforceable, the Court still has veto power over the transfer of custody if it is not in the "best interests" of the minor child. Please speak with a family law attorney who can provide you a more detailed answer tailored to the facts of your case.

Eric J. Garber
Eric J. Garber
Answered
  • Augusta, GA
  • Licensed in Georgia

A: Assuming, however, that the non-custodial parent has not: (a) formally modified the Court's orders (as described in my original answer); or (b) obtained the consent of the custodial parent to cease child support without said modified custody/support order, then the non-custodial parent would indeed be in contempt of court for non-payment of child support.

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