Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Legitimation: I wasn’t married to the mother, so in the FA of the Father under “Assets” what should I list for claim?

I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2024

If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 26, 2024

The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.

There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The...
View More

View More Answers

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: seeking family law attorney. Is it common to receive a surprise notice to appear in court for child support ?

the notice to appear in court was sent within less than a 7 day week notice.

We have been trying to locate my grandson, since the mother cut off communication.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

The court can schedule a hearing and serve upon you a notice to appear. As long as it is properly served, the time within which they schedule the hearing is irrelevant. You can always ask for a continuance to hire an attorney if you have not had time to prepare your case. And it's very... View More

1 Answer | 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 19, 2024

"At this time" means at the time your child support addendum was drafted. It doesn't mean that at a later date an Income Deduction Order cannot be established. So yes, they can establish one now, and your employer will enforce if when it's sent to them.

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

1 Answer | 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

3 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 16, 2024

If there is a court order giving the mother primary physical custody and you paying child support, you should file for a modification. If you were never married and never legitimized, the only way to get a child support order dismissed is for you to file for legitimation, and ask the Court for... View More

View More Answers

2 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

View More Answers

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

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

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

View More Answers

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

It's not up to a defendant to make it easy for the plaintiff to serve them. If they won't provide a home address then you may have to use other resources to locate that address such as a background check, private investigator, skip trace, etc. You could also try and determine their... View More

View More Answers

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal... View More

View More Answers

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

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

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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

View More Answers

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.