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

Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can the mother now reopen the previous case that was closed and would the amount owed monthly remain the same as what was stated in the previous court order?

2 Lawyer Answers
Regina Irene Edwards
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A: The court order does not go away just because a child support payee closes a case with child support enforcement. The order is still valid and most likely the case can be reopened.

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A: The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial parent to seek support until again, the child can no longer receive support according to the laws of the state.

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