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Georgia Child Support Questions & Answers
1 Answer | Asked in Child Support for Georgia on
Q: How can I notify the IRS that the non-custodial parent has an outstanding support obligation in the state of GA?

The non-custodial parent has never made a payment for child support, that was court ordered in 2016. He is over $28,000 in arrears (according to DFCS case portal) but they won't enforce saying I have to re-file as a "Full" case.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

I wold advise you to hire an attorney and file for contempt. An attorney can assist you in obtaining a judgment and in post-judgment collections to collect on that judgment.

1 Answer | Asked in Child Support for Georgia on
Q: Can i take him back to court for child support?

When my ex and i divorced we agreed, no child support. Now, I want to take him back. Since our divorced my pay increased 4k and his decreased 2k. We shared 50/50 custody and now our incomes are almost the same. Maybe off by 300 a month. Would it be a waste of my time to take him back to court?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

No one can tell you what the child support would be without any financial documents. Child support can be modified every two years without a material change in circumstances. If you think there could be an increase, you could hire an attorney and take the father back to court.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Hello - I have a letter enforcing an Income withholding order. I haven’t been late once and there’s a live court order.

I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 6, 2024

Child support enforcement is now involved in collecting your child support for whatever reason. You can contact the Division of Child Support Services and inquire as to why an Income Deduction Order was signed. But if a judge signed the Order, your employer is likely to enforce it and begin the... View More

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: what can i do about child support making mistakes that cost me my license and 40,000 in debt I'm not responsible but for

i was incarcerated in another county when my court date came up for determining the amount i would pay but none came and took me to court and they just put some number down that was incredibly higher than made or ever made and then wouldn't even look at it for another almost 3 yrs ...

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 6, 2024

For the last 3 years the court expected you to pay the child support ordered. Two years after the order you could have filed for a modification. But a court is likely going to enforce the arrears balance for support that has accrued and not been paid. You can hire an attorney to try and... View More

5 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What do I need to do to make my son who is now 15 living with me legal?

I don't want to pay child support if he's living with me she won't agree to that

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

If you have a child support order in your name and the child now lives with you, I would hire an attorney to file for a modification of custody, and ask for a temporary hearing, for the court to award you temporary physical custody. The mother may come and get the child back once she is served.... View More

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Are child abandonment warrants only for fathers on child support?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

The father does not have to have an order to pay support to file for child abandonment. Prior to having a court order, there is still a duty to pay support. And no, child abandonment actions can be for either parent. If the father has the child and the mother is not spending time with the child... View More

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: can you file a contempt for child support and child abandonment warrant together?

can you ask the judge to order the maximum sentence of 12 months in jail? how do you request anger management and family counseling for the noncustodial parent during the hearing process?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If you have a court order for someone to pay child support, and it is not being paid in accordance with the order, then you can file a contempt action. If you don't have a court order and the other parent is not spending time with the child or providing any financial assistance, you can file... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Ive lived in GA for 4 years with my son(7) dad in NJ do I file in GA for sole custody, Dad has nvr met child but pays CS

Child born in NJ when we resided there moved when child was 2. Dad has never met or tried to meet child pays child support occasionally. Now in GA but never transferred CS order but would like to apply for sole custody as child has special needs and I want to get a trust set up.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If you're the mother and the father has never legitimized, you already have sole physical and legal custody under GA law. Therefore, you wouldn't file for something you already have. If the father now wants to file for sole custody, he should file in the county where the mother lives... View More

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Why wasn’t I allowed to prove my innocence in child support court ?
T. Augustus Claus
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answered on Dec 21, 2023

If you were not allowed to prove your innocence in child support court in Georgia, it is crucial to review any court orders or notices you received and consult with a family law attorney. Assess the specifics of your case, and guide you on potential legal actions. If you believe there was a... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My girlfriend (20) is 5 months pregnant and her mom has cut off all contact & is saying she’ll get me for harassment

I’m 23, once we told her mom they wanted to speak to her face to face, and she blocked me off my girlfriend social media accounts and every other way of contacting her. Is that illegal for her to keep me away from my girlfriend & unborn child if my girlfriend is an adult? How would I get... View More

Regina Irene Edwards
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answered on Dec 12, 2023

No, it's not illegal. If your girlfriend wants contact with you, she will find a way.

1 Answer | Asked in Child Support for Georgia on
Q: I closed case in 2016 the child support recovery with $20,000+ in back pay. Non-custodial hasn’t paid what are my rights
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

You can file a case with the state for your arrears or hire a private attorney to file a contempt action. Those are your options.

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What should I do with the mother of my child is showing her narcissistic tendencies
T. Augustus Claus
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answered on Dec 8, 2023

Dealing with a narcissistic co-parent can be difficult, but prioritizing your child's well-being is crucial. Keep detailed records of interactions, set and enforce clear boundaries, and communicate in writing to avoid direct conflict. Seek support from a therapist specializing in narcissistic... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: The mother is keeping my child from me and threatening to take custody what step should I take
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

If you are married you should file for divorce if you want some form of custody and/or visitation. If you’re not married you will need to legitimize. But it’s unclear how she can threaten to take custody unless you are the parent who has custody right now. And if that’s the case, then... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Georgia on
Q: Can I be legitimized through child protective services

Do I have to be legitimized through the court system

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

If you are the father DFCS will not give you custody even temporarily until you legitimize. Therefore, yes, the juvenile court will allow you to legitimize the child and sign an order, should they decide too, so that you can be awarded custody.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: My wife has a child support agreement with her ex. What would happen if she becomes a stay at home?

I want to make my wife stay at home but she is afraid because of the child support agreement. She is afraid that she will lose custody.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

If she becomes voluntarily unemployed there is no way to say how that will impact her custody or the fathers visitation. Her loss of income could cause the other party to take her back to court and ask for a change of custody. No longer having the financial capability to support the child could... View More

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: If the other party & opposing counsel was ordered to pay my attorney fees, how can I pressure them to pay if they delay?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 4, 2023

If they were ordered to pay your attorneys fees then that means you have an attorney. Speak with your attorney about sending them a letter if the deadline has passed. Your attorney can then take the necessary steps if they don't respond with collecting. But your attorney is still on this... View More

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2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for Georgia on
Q: Live in Ga, wife is divorcing after emotional cheating with coworker. Post discovery continued relationship, but said

She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no... View More

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1 Answer | Asked in Landlord - Tenant, Child Support and Libel & Slander for Georgia on
Q: I live with a friend and pay rent + electricity. My girlfriend also lives with us, but does not pay. I want her out.

I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding... View More

Regina Irene Edwards
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answered on Nov 19, 2023

1. In Georgia she is allowed to record without your consent.

2. You can't evict her because it's not your house. You certainly can move if you want to be away from her.

3. You can't force her to have an abortion.

4. She can have the baby and seek child...
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1 Answer | Asked in Child Support for Georgia on
Q: In the state of Georgia, can they make the spouse or stepparent pay child support if the non-custodial parent can't?

Will the wife of the non-custodial father be required to pay child support if the non-custodial father is unable to pay the child support due to unemployment?

Regina Irene Edwards
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answered on Nov 12, 2023

No. The stepparent has no responsibility to pay their spouse's child support.

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