Roswell, GA asked in Family Law, Child Custody and Child Support for Georgia

Q: What case law states that parenting plan provisions are separate and different from a child support order?

Judge interpreted a "Petition to Modify Parenting Plan" that included provisions of responsible party for expenses related to missed visitation as a "Child Support Modification". Misinterpretation of petition as a Modification of Child Support now bars seeking child support modifiction due to the two-year rule.

3 Lawyer Answers
Ellaretha Coleman
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Answered

A: I am not sure of your question. However, in order to analyze what happened in your case, we would need to review the pleadings filed and the order given by the judge.

Homer P Jordan IV agrees with this answer

A: There are facts to your case we would need to review in detail in order to provide you proper direction. You should consult with attorney who can review the facts. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Regina Irene Edwards
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Answered

A: There is no law that states what you want it to say. However, most Petitions to Modify parenting plans include a request to change child support in accordance with the proposed new plan, so the 2 year bar would be triggered. The two year rule also doesn't apply to a loss of income situation.

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