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

Q: If I tell child's mom she doesn' have to pay me child support and it gets filed, can I go to court to get it later?

11 year old wants to live with us now due to emotional abuse at home. Her mom doesn't want her to move because she relies on my child support payments for her other kids. If I agree to not change the child support right now and we file it with the court, can I take her to court for child support after my child moves in with me.

3 Lawyer Answers
Regina Irene Edwards
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Answered

A: Yes, but that plan will backfire, because unless you have a custody order giving you custody, she can take the child right back. You need to discuss your case with an experienced attorney.

P. Justin Thrailkill and Homer P Jordan IV agree with this answer

A: I agree. That agreement means nothing without an order. You need to go get the child and file to modify custody and support.

Homer P Jordan IV agrees with this answer

A: I agree with my colleagues, without a proper order this could be something that backfires. You should consult with an attorney regarding the proper course of action to address this legally. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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