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Georgia Child Support Questions & Answers
3 Answers | Asked in Child Support and Family Law for Georgia on
Q: I got a letter saying "Your case has been closed for current support" and "Your case has been closed".

The letter comes from Georgia Dept of Human Services. There are other check boxes about if you are in the arrears, which I am not and have never been, and they are not checked. The only ones checked are the ones noted above. I have paid child support for years before it was ever a court order.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Apr 2, 2020

If there is an order to pay child support, just because a case is closed with child support services does not mean that the order has been revoked. You most likely still need to pay. However, to get the best advice, you need to contact a family law attorney who can review all of your paperwork and... Read more »

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Can my ex-wife file & receive back child support for our 2 daughters for the 12 years I was incarceeated?

I was incarcerated in 2006 when our daughters were 5 and 3. I got out in 2018. Have been providing support as much as I can but not regularly as I don't make much and am an hourly employee so my pay fluctuates. Our daughters are 18 (graduating in May 2020) and 16 now and my ex-wife is threatening... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 31, 2020

She can file for child support to get payments from now and going forward, but not for the past. Since your one daughter is graduating in May you wouldn’t have to pay child support on that one after that point. The other daughter is 16, so she could file to get child support for the next two... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: Will his ex child support order chump my child support order with my ex?

My ex husband have a child support order in place from his ex. Years later we marry , had children and now divorce. He pays child support for our children (court ordered). Can his ex take him back for more money and my children child support gets lowered? Or will the courts take into consideration... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 29, 2020

Your child support order will not be affected unless a modification is filed.

2 Answers | Asked in Child Support for Georgia on
Q: What is the best way to go about child support modification? How often are child support modifications done?

I have never modified child support my child is ten, circumstances and living costs have changed over the last ten years.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 27, 2020

A modification can be filed after two years. The new order will be based on your current financial circumstances.

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2 Answers | Asked in Child Support for Georgia on
Q: Child Support Order lists % and Dollar amount. Should payment adjust every year or do I have to request modification?

The Child Support section of my 2005 Divorce Agreement (before the Child Support Law changed) lists that NCP will pay 25% of his income, currently at a specific dollar amount. Does that mean every year, that amount should change as his income changes or do I have to request a formal modification to... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2020

You would need to file a modification to change the amount.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How do I file a petition to change child custody?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

There is no form document for a petition to modify custody. You will need to allege in the petition that there is a material change in circumstances since the entry of the current order and will need to specify what those material changes in circumstances are. You will need to file the petition... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What steps do I take to file for full custody and child support from 50/50 custody with out child support

He no longer has her 50 percent of the time and isnt helping out financially.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

You will need to file a petition to modify custody with the superior court of the county in which he lives.

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: What document do I file to rescind a decision after mediation. I was Pro Se, he had an attorney.

* edit - I have to rescind this order on 3/15/20, I do not have funds to hire an attorney nor do I have time to schedule with one before my grace period expires. I am planning to go to the courthouse in the morning but they will not tell me what to file.

This is concerning a revision of a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 15, 2020

Consult an attorney immediately. Even if you are able to rescind, there may be time limits that apply.

1 Answer | Asked in Child Support for Georgia on
Q: My children’s father is trying to claim another child saying the child lives with him full time to get CS payments lower

I know for a fact that this child doesn’t live with him at all. No clothes, crib, diapers or anything of the child’s is in his home. What can be done to prove that so the payments wouldn’t be lowered?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 12, 2020

Child support modifications only occur under certain circumstances. It is best to contact an attorney who can assist you with the specifics of your case and provide you with an accurate answer.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
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1 Answer | Asked in Child Support for Georgia on
Q: If NCP refuses to be served for child’s support how will I receive child’s support
Regina Irene Edwards
Regina Irene Edwards answered on Mar 11, 2020

You won't get child support without service. He has to be served. Talk to an attorney about filing a case and using a special process server to get him served.

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

Fair, Flat Fee Only - No Hourly Billing

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: What methods does Georgia provide for enforcement of alimony and child support orders? What is the state statute?
Terri Herron
Terri Herron answered on Mar 7, 2020

If your ex spouse isn’t paying child support and alimony, we can file a contempt action and ask for an Income Deduction Order.

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: I want to file for divorce our child is 17 & turns 18 in July. Should I wait for her 18th birthday to file for divorce?

I don't want courts to decide custody & support. Our child graduates high school in May, but doesn't turn 18 until July. I want to know if I can file in May, or if I should wait until July.

Regina Irene Edwards
Regina Irene Edwards answered on Mar 6, 2020

You can file in May. After July, there are no custody issues, and there would only be 2 months left of child support, but the odds of getting a hearing before the child turns 18 is not good.

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

1 Answer | Asked in Child Support for Georgia on
Q: Custodial parent has not claimed/received child support payments I have made to DCSS (GA) in 7 months. What do I do?

Per court order, payments were set up through DCSS by me, the NCP, 7 months ago. Custodial parent has not received or claimed the funds from them. Several questions: 1- Can he claim I haven't paid CS and file a motion with the court and hold me in contempt (I have records I've officially paid). 2-... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 2, 2020

Yes, he can file contempt if he doesn't have the money. You will not be assigned an attorney. No one has a right to have an attorney in a DCSS contempt as the obligor. You likely will need an attorney to sort this out.

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

1 Answer | Asked in Child Support for Georgia on
Q: me and my husband are back on good terms in our marriage, what do i have to do so he want have to pay child support

i took it out on him when i thought we may get a divorce but we are back on good terms in our marriage and i dont want him to have to pay child support

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 2, 2020

It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: What can I do to keep this guy that took advantage of me away from my baby husband and myself.

Not sure If the child I’m carrying is his or not but I don’t want him to have nothing to do with my baby. Especially since he took advantage of me. He won’t admit it but he did say he was either drunk or high

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 28, 2020

It is best to file for a Temporary Protective Order if you discern that a real threat is possible. Before doing so, file a police report if this individual has abused you and/or is threatening to abuse you or your family. It may be helpful to consult with an attorney as well.

We are glad to...
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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My husband has 3 children. The oldest is 24 and is fixing to get married. The younger two live with the oldest.

He is court ordered to pay exwife child support. Can she request back child support when the children doesnt live with her and havent in a while now?

Ellaretha Coleman
Ellaretha Coleman answered on Feb 25, 2020

It is very possible that he can be ordered to pay child support arrears for the time that the children were not living with the ex-wife. He should speak with an attorney regarding modifying the order if the children are now living with a third party.

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1 Answer | Asked in Child Support for Georgia on
Q: When a child support case is closed by the custodial parent are the arrears forgiven?

When child support cases are closed in Georgia do the arrears owed just go away?

Regina Irene Edwards
Regina Irene Edwards answered on Feb 25, 2020

No, the money is still owed.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My stepson is 18 and has not spoken or seen his father or I in 6 months. What are our rights?

He is 18, but my husband is paying child support until he is 20 as long as he is a full-time student. We are trying to rekindle the relationship, but so far it has gone nowhere and his mother is not helping. He is in high school for the next few months and are confident that he will finish. My... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Feb 24, 2020

Normally, the child support stops after high school if the child is already 18, so the support should end, but you should show your paperwork to an attorney who can give you advise. As the child is 18, he is an adult and is free to decide for himself whether he wants to have a relationship with... Read more »

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