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Georgia Child Support Questions & Answers
3 Answers | Asked in Child Support and Family Law for Georgia on
Q: What rights does an ex wife with joint legal custody of two minor children have to assets obtained during a new marriage

*Assets earned or obtained during the non-custodial parents new marriage. This is in regards to a contempt case being brought upon the custodial parent for denial of visitation with the expectation that she will retaliate by asking for more money( in the state of georgia)

Onyema Anene Farrey
Onyema Anene Farrey answered on Jan 19, 2021

The ex spouse’s rights regarding any assets from the divorce should be already spelled out in the divorce decree. But once the court divided up the assets and property in the divorce, that’s it. After a divorce is finalized the court cannot re-determine a division of assets and property.... Read more »

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1 Answer | Asked in Personal Injury and Child Support for Georgia on
Q: Is failed to file a complaint so relief can b granted in a personal injury case a bad thing. Can my case b dismissed

Im just tring to understand what this means and do i have to worry about it in my case i emailed my lawyer office but of course no response

Tim Akpinar
Tim Akpinar answered on Jan 18, 2021

A Georgia attorney could advise best, but your question remains open for two weeks and time is usually of the essence in responding to motions and pleadings. What you describe sounds like it could possibly be something problematic - but still needs more information. As a GENERAL matter in ANY... Read more »

3 Answers | Asked in Family Law and Child Support for Georgia on
Q: My ex husband is past due over $5000. What can I do to get it. This is a court ordered.

I haven't received a payment since August. My ex received both stimulus checks. When I ask for an update they say no updates and they will reach out to the other state

Onyema Anene Farrey
Onyema Anene Farrey answered on Jan 17, 2021

If your ex is behind in his court-ordered child support or alimony payments, you will need to file a contempt action against him in the Court that issued the order. It is not clear who you are referring to by stating "they say no updates." If you are referring to child support services,... Read more »

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: How can I get custody of my 13 year old niece?

She has lived with me 4 years now because her parents were homeless. They moved to a different state and they took their 6 year old son but they left her here with me. She is very depressed and she asked for help with this so the doctor sent a referral for a therapist we went to the first... Read more »

Onyema Anene Farrey
Onyema Anene Farrey answered on Jan 17, 2021

If her parents are objecting to officially giving you custody of your niece, you should consider talking to them about getting temporary guardianship of your niece so that you can obtain the necessary medical and therapy treatments for her. They should be willing to agree to this since... Read more »

2 Answers | Asked in Child Support for Georgia on
Q: Hello my child support will be up for review this June of 2021. How soon can I go to the child support office to have it

updated? Do I have to wait exactly 2yrs from the date of the child support(GA court order) order? Also how is proof of income determine if the CP lives out of state?

V. Joy Edwards
V. Joy Edwards answered on Jan 17, 2021

The office of child support services only reviews once every THREE years. If you want to have it revised in two years you will have to go through a private attorney. Contact our office to schedule a consultation. We would be happy to help.

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I'm being summons to go to court for child support what will happen at court and do i need a lawyer
Homer P Jordan IV
Homer P Jordan IV answered on Jan 11, 2021

We would need to know where you are in regard to the process in order to provide you with guidance. Is this your first time addressing child support, are you being called back in, etc.? It’s always a good idea to work with an attorney.

1 Answer | Asked in Child Support for Georgia on
Q: Can noncustodial parents license be reinstated once child reaches majority age or legally emancipated if arrears owed
Regina Irene Edwards
Regina Irene Edwards answered on Jan 1, 2021

The arrears must be paid in order for the license to be reinstated.

2 Answers | Asked in Child Support for Georgia on
Q: I recieved 2 checks back from Georgia child support. Why would they send me 2 checks back
Ellaretha Coleman
Ellaretha Coleman answered on Dec 31, 2020

We would need more information to determine why you may have been provided two checks.

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1 Answer | Asked in Child Support for Georgia on
Q: I pay $600 per month for 2 kids. Should I still be paying the same amount if one child is now 23 and not in college?

My divorce papers state that I pay $500 per month for two kids. When my son graduated I was informed that I must still pay $500 because it didn't state $250 per child. Since I owe back child support, I pay $600 per month. The monthly support should have been reduced to $250 for the one... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 31, 2020

Your child support doesn't necessarily go down because one child graduated. If you make more money than you did when the support was calculated, it's possible the support could even go up. $600 is not a lot to pay, so you might be better off just continuing as is. Or, you can file a... Read more »

3 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Is child support/alimony considered late due to the bank transfer taking 3 business days?

I pay 2750 a month in combined child support and alimony on the 1st and 15th of each month, and I set up a payment through my bank into my ex’s bank typically a week before it’s due. The money always comes out of my account before the 1st or the 15th, but sometimes my ex gets it late due to the... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 30, 2020

With respect to child support and I suspect spousal maintenance as well the answer is “no”. While it is “due” on the 1st, it is not uncharacteristic for it to be paid on a person’s pay period end date, usually twice a month. For that reason, it is typical that a month’s support is not... Read more »

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: I recently was sent child support papers. Should I keep sending money to her or wait until the court day.

I was sending 600 a month for my kids to her and taking care of anything else the kids need school, sports, child care, cloths, trips,doctor co pays and bills. I have them on my insurance. Just unsure if I need to keep sending her money up until court or stop until we go to court and there is a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 29, 2020

Yes, you should continue to send support.

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Is my ex husband legally allowed to refuse my rights to visitation with my son if I owe back child support

I've been in and out of the hospital for the past four years and have been homeless for three years of that. My ex-husband, with whom I share joint custody, yesterday refused to allow me to see, talk to, and spend time with my son. He claims that legally he had the right to refuse me... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Dec 21, 2020

I agree with my colleague. The child support should not stand in the way of being able to visit with the child. However, since four years has passed since you have seen the kids it would be a good idea to work with someone to help insure that things go well getting back into the visits.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Is my ex husband legally allowed to refuse my rights to visitation with my son if I owe back child support

I've been in and out of the hospital for the past four years and have been homeless for three years of that. My ex-husband, with whom I share joint custody, yesterday refused to allow me to see, talk to, and spend time with my son. He claims that legally he had the right to refuse me... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 21, 2020

Parenting time is not connected to child support. However, given the time you have been away, it may be a good idea to set up counseling to ensure a smooth transition back to regular court ordered parenting time.

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

Fair,...
Read more »

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2 Answers | Asked in Divorce and Child Support for Georgia on
Q: My Wife received an "Inheritance" Check.

From Georgia. She received this Money for her Dad's house from her Grandparents recently, but she was not 18 when he died, there wasn't a Will and they were on the loan financing the construction of the house and own the property it sits on. She was also never put on any legal... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 20, 2020

Whether the money is an inheritance or a gift - it doesn't matter. That is her premarital money and you are not entitled to it.

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2 Answers | Asked in Appeals / Appellate Law and Child Support for Georgia on
Q: How do you appeal a child support order when I found proof of $4000 he removed from our joint account and never replaced

We had an administrative hearing and my ex lied about a check I deposited into his account for child support. The account later became a joint account but he removed $4000 to his personal savings account that I had no access to. He claimed we both used the $5500 but I found proof after the hearing.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 9, 2020

You may not be able to do anything. Evidence you found after the fact that you could have found before is not a reason to reopen a case,

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1 Answer | Asked in Divorce, Family Law, Adoption and Child Support for Georgia on
Q: What forms do I need to file or how do I do a petition in Georgia to reverse a adoption
Homer P Jordan IV
Homer P Jordan IV answered on Dec 3, 2020

Adoption issues are something that you usually can’t do on your own. It would be wise to at least consult with an attorney who can review the facts of the case in detail and present you with the options, as well as provide you with direction for the proper course of action to take.

2 Answers | Asked in Child Custody, Child Support and Juvenile Law for Georgia on
Q: Is there a law in Georgia that states a divorced parent can't move out of state?
Samantha A Holloway
Samantha A Holloway answered on Nov 8, 2020

I’m not aware of a law that prohibits a divorced parent to move out of state. However most parenting plans contain a provision that requires parents to notify each other in advance when they are moving.

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3 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: If the divorced father doesn't work will/can the courts consider/touch his new wife's income?
Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

No. The new spouse's income is not factored into a child support order. However, just because he refuses to be employed does not mean that the court can not impute him at an income commensurate with what he has the ability to make.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: I've been paying child support for 18 years and have back pay in North Carolina and I stay in Georgia. A home dna test

by my mother and come to find out the kids are not mine. So how can I handle this to get rid of my back child support and or if I can get some money back

V. Joy Edwards
V. Joy Edwards answered on Oct 28, 2020

If there was an Order establishing paternity, you will not be able to get the child support you have paid, or owe back. Did you do a DNA test at the time child support was originally put in place?

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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Child Support for both girls? One is his biological the other mine and he supports.
Regina Irene Edwards
Regina Irene Edwards answered on Oct 28, 2020

He's only obligated to pay support for his 1 child.

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