Get free answers to your Child Support legal questions from lawyers in your area.
I am the custodial parent based in Georgia, and my ex-husband lives in New Jersey. We divorced in Virginia in 2021 but have been separated since 2018. We currently have a verbal custody agreement in which the children stay with me for 11 months of the year and with their father for a little under a... View More 
answered on Apr 16, 2025
If there is a court order that says you must notify the other parent of your intention to relocate, then a custody case may be filed, once the non-custodial parent is notified of the move. Your move will impact their travel, visitation, and possibly other factors and they could take you back to... View More
If a father was married when the child was conceived but divorced before the child was born in Georgia, is he still considered the legal father because he doesn't care about paternity and wants to see the child? The divorce decree did not mention the child as they were not born yet, and now... View More
answered on Apr 16, 2025
The divorce documents should have addressed the fact that the mother was pregnant. The mother should have disclosed to the court that she was pregnant, and then the divorce documents would have reflected that the mother was with child, and the husband of the mother is presumed to be the father.
I am currently going through a divorce in Georgia, and although my spouse and I initially agreed, signed, and filed all the necessary divorce paperwork, I ran into an issue. I was informed that I needed a parenting seminar certificate and a child support addendum and worksheet. However, my spouse... View More
answered on Apr 16, 2025
A child support addendum would need to be signed by both parties if this has been filed as an uncontested divorce. If the other spouse refuses to sign a document that the court requires in order to sign a final judgment, then you do not have an uncontested divorce and may have a trial. I would be... View More
I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More
answered on Apr 16, 2025
I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More
I have a mutual restraining order with my ex in Georgia, established due to contempt for nonpayment of child support. We are both invited to attend our granddaughter's first birthday party and our son's wedding. The restraining order states that neither party can harass or molest the... View More
answered on Apr 16, 2025
I think you are confusing a protective order with a mutual restraining order. A mutual restraining order does not say anything about how many yards you can be away from someone. It doesn't prohibit parties from being near each other. I think it would be best to review the language of the... View More
Knew It was over between us. But after the incident, he has not reach out to our son or helped in any kind of way. It’s been 4 months now. He’s been completely absent. And his lawyer and him seem to be doing everything they can to prolong the court hearing. Can I ask for this to be dismissed... View More
answered on Mar 3, 2025
You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More
In February 2023, I became the custodial parent of my 16-year-old daughter and initiated a child support order against her mother. Although I attempted to serve the mother, she was never successfully served. Can I still pursue back child support, and what steps should I take to address the lack of... View More
answered on Mar 3, 2025
The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More
I am currently going through a divorce, and my spouse and I initially agreed and signed a child support addendum. However, the amount in the addendum didn't match the worksheet, and now my spouse is refusing to sign the corrected version. We submitted the addendum previously, and we are... View More
answered on Mar 3, 2025
If all the necessary paperwork is not signed then you simply no longer have an uncontested divorce. Therefore, at some point you will have a trial. Then the court will decide. But if someone refuses to sign a document that is required for an uncontested divorce, you cannot force them to sign.... View More
I currently pay child support for my child whose mother is in jail. I’m not legitimized in Georgia and the school informed me that I can't transfer my child because I'm not on the checkout list or the person who enrolled them. I don’t have information on how long the mother will be in... View More
answered on Mar 3, 2025
File for legitimation, have the mother served, and then ask the court for a temporary hearing so you can obtain a temporary order giving you primary physical custody of your minor child. Then you can make major decisions until such time as the court can make a final determination on custody &... View More
If I voluntary put myself on child support and haven't spoken nor seen my child over five years plus contact the other parent every week to speak to our child and she/he doesn't answer and just want to just collect child support payments without having to co-parenting; Am I able to... View More
answered on Jan 23, 2025
No once a child support order is signed by a judge only the judge can dismiss the order. And there’s no law that allows you to dismiss your child support order because you don’t have visitation. If you want visitation then you petition the court to legitimize you and ask for the visitation... View More
If I voluntary put myself on child support and haven't spoken nor seen my child over five years plus contact the other parent every week to speak to our child and she/he doesn't answer and just want to just collect child support payments without having to co-parenting; Am I able to... View More
answered on Jan 17, 2025
You aren't able to just cancel a child support order once you petition the court for one. Only the court can dismiss an order of support and that typically happens when the child has aged out of child support, been adopted, or if it is determined you are not the biological father. You are... View More
There's a permanent restraining order in place that will be lifted December 2025 the other parent lives in a different state.. it is disability benefits but our bills are more than and I am unable to work the father is a barber in a different state who lies and act like he's unemployed... View More
answered on Jan 6, 2025
I'm unsure why child support was not adjudicated in your divorce as the divorce should have included child custody, child support and visitation. But you can always apply for child support as long as the child meets the requirements for support. And if you have someone whose income may be... View More
To any of the child support addendum. My ex husband has put false info and it has been approved without my permission.
answered on Dec 30, 2024
Child support addendums don't simply get approved, unless you came to an agreement. Otherwise, at trial, both parties would submit to the court a proposed child support worksheet, addendum, and evidence, and the court would decide what amount to order and what to put in the final order. If... View More
I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More
My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More
My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More
answered on Nov 15, 2024
Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.
hello I am trying to get a child support modification it has been one year only . The reason i need a modification is because the ncp did not get in insurance so i have it and the child was not in daycare at the time but now is . All these thing are new since the last child support order 10/2023.... View More
answered on Nov 15, 2024
Hire an attorney. It appears you didn't have an attorney the last time, which is part of the problem. Because there are steps an attorney can take to obtain the property documents to discovery the non-custodial parents actual income. It is best to hire an attorney who can draft the proper... View More
My ex and I are in a disagreement about the wording of parts of our parenting plan, and it is currently causing some financial burden for me and our daughter with bills that would normally be split between us and my ex not paying their portion (there have been no issues for the last 18 months with... View More
answered on Oct 17, 2024
You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More
The parenting plan states, When child is in the physical custody of one parent, the other parent will have the right to contact the child by telephone. Other parent is saying I need to be available every time he calls the kids. In addition I don’t like the fact of buying a phone for the child... View More
answered on Oct 17, 2024
Telephone visitation is not ordered so one party can harass another. The calls need to be reasonable while the child is in your care, custody & control. However, if your schedule prevents you from allowing the other parent to talk to the child, and you refuse to get the child their own phone... View More
my child’s father moved across the country. We were never married, but he was put on the birth certificate. We have never gone to court. He would just randomly send money every once in a while, but has stopped in the past six months can I remove him from the birth certificate?
answered on Sep 22, 2024
I'm not sure why you would want to move the actual father from the birth certificate. If you want child support you can go through the court to obtain an order or through the state. Opening up a case with the state will be of lower cost than hiring a private attorney. Yet, a private... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
