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

Q: During divorce if my son is not living with my wife can she tell me I need to pay child support when I have him more?

My wife had an affair and decided she wanted to get a divorce I was kicked out of where we were living and then she moved out and with her a fair partner left our son with her parents would not let me see him for well over a year but in that time she moved out of state leaving our son with her parents where he still goes to school she does not see him maybe two days out of every 2 months I get him every other week and now she's saying that I should pay her child support I've had to help her out on numerous occasions just so she would have food to eat after her aFair partner left her she doesn't talk to him every night and she has the ability to I can't call him at all when he's not with me because her parents refuse to let me speak to him or answer my phone calls or text messages and she will not do anything what can I do I have a lawyer but nothing seems to be getting done I don't think it's right because she should not ask for child support when she is not raising our child

3 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You have an attorney. Ask them as they have more details about your case.

John Michael Frick
John Michael Frick
Answered

A: A parent has a legal obligation to support their children. But that doesn’t necessarily mean one parent is entitled to receive “child support” from the other parent. If a child is being primarily cared for by a non-parent, both parents may have an obligation to provide support to the non-parent and a court may order both parents to pay “child support” to the non-parent.

The facts described in your question would be considered by any court being asked to order you to pay child support. Your attorney ought to be able to advise you which facts your particular judge has considered significant in past cases.

Your wife is likely seeking child support to apply leverage in settlement negotiations. Knowing that you have a duty to support your child, under the circumstances described, you might consider having your attorney reach out directly to your wife’s parents with an offer to pay support directly to them for raising your child. Such an offer might also change their attitude when it comes to your attempts to communicate with your children.

Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Divorce Lawyer
  • Dacula, GA
  • Licensed in Georgia

A: If you have a lawyer then you should be talking to them. Your attorney can address matters of child support, child custody, & visitation on a temporary basis while you are going through this divorce.

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