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Georgia Child Support Questions & Answers
2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Me and my husband we both are non us citizen, we are actually from India and i want to file a divorce. We have a son

Divorce is due to domestic violence and he beats me infront of my son

My son screams still he dont stop

Robbie Levin
Robbie Levin answered on Sep 27, 2020

If he is physically assaulting you, then you need to call the police. You can also file for a protective order and a divorce petition.

You should probably get an attorney to assist you.

For more information visit my website at www.LevinLawyerGa.com

Robbie@LevinLawyerGa.com

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1 Answer | Asked in Child Support for Georgia on
Q: If the custodial parent is working but not reporting, could they get in trouble?

The custodial parent started working after we divorced and she has not reported to child support. I have proof that she is working.

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

No one is required to report income to anyone after a case is over. If you think your child support should change, you can file a modification.

1 Answer | Asked in Child Support for Georgia on
Q: Does the non custodial parent have to be present during child support modification

im in the process of putting my son's father on child support but he's not cooperating with the agents and not showing up for court. Can they proceed without him and the judge set a monthly amount?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 23, 2020

Yes, they can and will proceed without him.

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

Fair, Flat Fees Only - No Hourly Billing

1 Answer | Asked in Child Support for Georgia on
Q: Who does the arrears belong to the mother or child?

My ex owes me CS from 2001 through my daughters date of adoption by my current husband which took place in April 2007. My daughter is now 20 years old. I’m wondering does the arrears belong to me because she thinks it belongs to her. Her biological dad and my daughter wants to take me to court.

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

The arrears belongs to you. There is nothing they can take you to court for.

2 Answers | Asked in Child Support for Georgia on
Q: Is after school care at my son's school covered by child support?

We both utilize the after school program at his school. I pay his mother child support and she is telling me that my child support payments don't cover ASP when he stays with me and I need to pay for those days. Do I, or is it covered by my child support?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

It is best to review the child support order, if applicable, and contact an attorney who can assist you with the details of your case.

We wish you well.

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

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2 Answers | Asked in Child Support for Georgia on
Q: If I am remarried and we have a child together can I have my child support lowered from my previous marriage?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

You can file for modification in the court where the child support order originated.

We wish you well.

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

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My ex petitioned for mod'n of custody, cs and visitation. I can't afford an attorney. How do I respond?

My ex petitioned for modification of custody, cs and visitation. I can't afford an attorney. How do I respond?

He has an attorney and wherewithal to pursue. Cs has rarely been paid in 6 years. I can't afford an attorney and don't know how to proceed without representation.... Read more »

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

You can't ask the judge's office for advice. You have to file a response in order to avoid a default.

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

Fair, Flat Fees Only - No Hourly Billing

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1 Answer | Asked in Child Support for Georgia on
Q: I was ordered in a Ga court to pay child support for my 12 year old but my ex has fleed the state and gone into hiding.

Is my ex violating the order and can the be held accountable and isn't any child support that's accumulated actually by law waived because they aren't locateable

Regina Irene Edwards
Regina Irene Edwards answered on Sep 14, 2020

The child support will not be waived. You should pay the support into an account and not touch it so there will not be an arrears later.

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

Fair, Flat Fees Only - No Hourly Billing

2 Answers | Asked in Child Support for Georgia on
Q: Hi. I have a question about an order that was in place in until 2006 or 2007 that halted After terminal cancer diagnosis

He wasnt expected to live past a year and never willingly paid CS anyway. Losing his license, jail time, garnished wages etc. surmounted in arrears. Well, he recovered miraculously and has been in remission since, and ended up in prison after drug addiction turned to crime. Now he has a good job,... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 10, 2020

Yes! It can be collected. Call us - 770-723-7211 - and we can schedule a consultation to get more information and go through your options.

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3 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a judge in Ga honor any agreement my soon to be ex and I agreed on and write it out on the divorce paper?

My soon to be ex agrees to pay more amount of child support than what Ga child support calculator indicates and longer terms (beyond age 18 of our children) in exchange of splitting his retirement pension. My question is can judge honor what we agreed on the child support terms and make it final on... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Sep 9, 2020

You need to consult with a lawyer to discuss the terms of your agreement and whether they are in line with Georgia law. If they are not, you could risk giving up rights that you would otherwise be entitled to.

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1 Answer | Asked in Child Support for Georgia on
Q: During my divorce the judge states father doesn't pay child support. Mother get paid from the state for the child

Who was adopted. The mother is trying to get double pay for the child. Is that legal?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 8, 2020

If the Father doesn't have custody, he should be paying child support.

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

Fair, Flat Fees Only - No Hourly Billing

1 Answer | Asked in Child Support for Georgia on
Q: I have over paid ~$10,000 for CS due to child care that is no longer needed. Can I get that money back?

He stopped receiving child care in the 6th grade and is now a junior in high school. I have been overpaying $167 a month for 5 years. The $167 is my portion of her child care expense at the time of the divorce that has gone on for an additional 5 years. IT could go on for another two unless I get... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 4, 2020

You need to file for modification in the court where the child support order was issued. It is best to contact an attorney who can assist you with the specifics of your case.

We wish you well.

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

1 Answer | Asked in Child Support for Georgia on
Q: What do I do if I was married and my wife had a child that wasnt mine but was named in the divorce decree to get dna
Regina Irene Edwards
Regina Irene Edwards answered on Sep 3, 2020

The child is legally yours. You would have to petition to court to de-legitimate the child, which may not be granted.

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

Fair, Flat Fees Only - No Hourly Billing

2 Answers | Asked in Child Support for Georgia on
Q: Non custodial parent is asking back over paid child support from custodial parent can they do that?

The child is 18 and graduated in may of 2020 the noncustodial father wants child support paid back for june 1 2020 till now. Can he do that and does the custodial mother have to pay it back

Regina Irene Edwards
Regina Irene Edwards answered on Sep 1, 2020

Yes and yes.

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2 Answers | Asked in Child Support for Georgia on
Q: I live in Georgia and my childs father (non custodial) lives in Alabama.

He paid child support for July in August after getting a delinquency letter and has yet to pay for August. Supposing he doesn't pay this month, what enforcement action will take place? He is self employed and did not provide work details in his paperwork. We are coming up on 36 months and I am... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 27, 2020

If he does not pay August’s child support payment, you can file a contempt action through the court.

We wish you well.

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

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2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: I have 4 children and my husband is filing for divorce. have not worked in 2-3 yrs. How can I calculate child support?

Have heard I cannot receive anymore than 50 percent of his income in GA. Is this true?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 26, 2020

No, that's not true. You also may be eligible for child support. You should contact an attorney immediately so they can advise you about your particular situation.

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1 Answer | Asked in Child Support for Georgia on
Q: Back pay child support

I have 2 kids their father has 6 total he been homeless for the past 8-9 years and never had a steady job or income. He just found work which requires a license which he hasn't had for years now and he called to figure out what to do to get it back and it's suspended due to a child... Read more »

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

The amount will not change. He owes the money.

2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: How can I ask the court to uphold superior court decision?

Other party is requesting documents for already-decided child support case, thereby delaying divorce court hearing

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 24, 2020

It is best to furnish the superior court’s order to the family court. It is also helpful to consult with an attorney who can assist you with the specifics of your case.

We wish you well.

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

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My husband and I are still married but he lives in a rehab facility and is not helping financially with his kids.

Can I still receive child support in the state of GA from him?

Ellaretha Coleman
Ellaretha Coleman answered on Aug 23, 2020

You can apply for child support if he is not living in the home and supporting the children.

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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Missed child support payment, and medical insurance not being paid

I have a court order in place for child support and medical insurance but the non custodial parent failed to pay child support in April and had failed to maintain medical insurance for 4yrs per the court order. He also has not paid child support for the last child since he was born 6yrs ago.

Ellaretha Coleman
Ellaretha Coleman answered on Aug 10, 2020

You can file a contempt action to enforce the order for support.

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