Carrollton, GA asked in Divorce, Family Law and Child Support for Georgia

Q: Can a judge in Ga honor any agreement my soon to be ex and I agreed on and write it out on the divorce paper?

My soon to be ex agrees to pay more amount of child support than what Ga child support calculator indicates and longer terms (beyond age 18 of our children) in exchange of splitting his retirement pension. My question is can judge honor what we agreed on the child support terms and make it final on the divorce decree? I am afraid after I sign (by letting go of his retirement pension) and judge still orders child support amount and length based on Ga law which will be less amount and shorter terms. Then I will be screwed (because then it will be too late to fight back portion of his retirement pension and will be getting lower child support). ..

3 Lawyer Answers
Ellaretha Coleman
Ellaretha Coleman
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: You need to consult with a lawyer to discuss the terms of your agreement and whether they are in line with Georgia law. If they are not, you could risk giving up rights that you would otherwise be entitled to.

1 user found this answer helpful

V. Joy Edwards
V. Joy Edwards
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: It is likely that the Judge will honor it BUT you really should retain an attorney to help with this to ensure its enforceability. We would be happy to help. Fell free to call our office at 770-723-7211 - and we can schedule a time for a consultation to discuss your options and the best course of action.

Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: You absolutely need to hire an attorney to help you. If it is not correctly, you can give up pension rights, and then he can later modify the child support. In short, this is not a good idea.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.