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Georgia Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How to contest Legitimation against my children's biological father?

My children's dad all of a sudden wants legal rights, my boys are 3 and 6. He has not been consistent with being there for them, making a bond or providing financially. It baffles me as to why he wants to proceed with this case other than to hurt us emotionally and mentally, and continue to be... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 2, 2023

Your kids are of such a young age that you may not be able to stop the court from allowing the father to legitimize. If he petitions the court for legitimation and asks for visitation, I would hire an attorney.

2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Feb 1, 2023

The court order does not go away just because a child support payee closes a case with child support enforcement. The order is still valid and most likely the case can be reopened.

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2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 1, 2023

The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... Read more »

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: my husband child support case close now reopened without his knowledge now he is penalized

the case was supposed to be closed because the order states but the mother went back and had it reopend because the kids are in their last year of school the children are both 18 he was not notified and his employer was not informed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Simply because a case is closed does not mean it cannot be reopened. In the state of GA child support should be paid until the children turn 18 and have graduated from high school, that is, if it is a GA child support order. If the order was signed in another state, then the non-custodial parent... Read more »

1 Answer | Asked in Adoption, Family Law and Child Support for Georgia on
Q: How do I get the father rights taken? What are the main reasons a judge will take a fathers rights?

I have full custody. My divorce decree states that he must pay child support and supervised visitations

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

There is not enough information here for me to respond as to whether the father's parental rights can be terminated. You could file for child abandonment, based on what you have written, if he has not paid child support or seen the child. But I'm not sure if what you have written would... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: In Georgia can the Attorney for Child Support Recovery deny the CP from going before the judge if the CP requests it?

Refiled with Child Support 6/2022...after 5 years of non payment... NCP went into office 11/2022 after multiple attempts to serve at residence and paid 2k and sign continuance for court 1/25/23. NCP did not make any 12/2022 or 1/2023 payment. At the time of this court date NCP has new job of 3... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

The attorney for the state represents the child, not the mother. If you did not get an opportunity to speak in Court, the attorney for the state must have thought your testimony wasn't necessary. If you don't like how child support enforcement is seeking to obtain arrears, hire a... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What proof do I need to show I have 2 other children I’m obligated to?

I also receive ebt as well as Medicaid for myself and my son as I am low income. How will this affect my ability to pay child support to another child with a different father other than the two I have now.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Child support is based on your gross monthly income. If you are unemployed, the court will impute minimum wage and use that as your gross monthly income. Being low income doesn't affect your ability to pay child support, nor does having additional biological children whom you support. Those... Read more »

1 Answer | Asked in Divorce, Family Law, Child Support and Military Law for Georgia on
Q: What documents do I need to file for garnishment for child support through the N/C VA disability compensation in GA?

Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Regina Irene Edwards
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Regina Irene Edwards
answered on Jan 20, 2023

You can't file a counterclaim in a contempt case. Having a case dismissed isn't as good as having a hearing and the Court finding you are not in contempt. Speak to an attorney about your options.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It's likely that a Motion to Dismiss will be denied. The Court is going to set a trial for the Plaintiff's contempt motion to be heard. I would focus on preparing for that hearing so that you can respond to the evidence and testimony. I would also advise you to hire an attorney prior... Read more »

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1 Answer | Asked in Child Support and Estate Planning for Georgia on
Q: Unpaid child support and spousal support and revocable living trust setup by obligor to avoid payments or garnishment

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... Read more »

Seth Meyerson
Seth Meyerson
answered on Jan 20, 2023

Sounds complicated. See and likely pay an estate attorney. The money you save will be your own.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My ex admitted to having a job and an business can I have my child support reduced. Griffin GA

I also have a child with autism and a pregnant wife I also have two other children with my wife can that help reduce my child support as I have to pay for everything in home including my visitation costs

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 30, 2022

It is possible that there might be a decrease. If your income has increased since the last order and / or your ex's income decreased, then the overall amount may not actually decrease. You need to consult with an attorney who can give advice based on your situation.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My ex admitted to having a job and an business can I have my child support reduced. Griffin GA

I also have a child with autism and a pregnant wife I also have two other children with my wife can that help reduce my child support as I have to pay for everything in home including my visitation costs

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If your child's mother did not have the job and business during the child support case when the current order was established and this occurred after the order was signed, then you may have a material change in circumstances that might qualify you for a modification of child support. Also, if... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How long after my child is born does the father have to file for rights?

long story short my son is about 15 months old and his father has never paid child support or tried to help me out. He doesn’t visit him and the only way he sees him is if I drive him 8 hours to my home town (yes I have told him he can come visit, his reason is not being able to put miles on his... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 25, 2022

You need to ask a Kentucky lawyer. Laws are different state by state.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »

Leo Hughes
Leo Hughes
answered on Dec 24, 2022

The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

In the absence of a court custody decree, a child’s father has the exact same legal rights as a child’s mother.

Would you be upset if he was tracking you when the child was with you?

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My ex wife took me to court for content of child support . I got behind when I got sick with a heart problem

When I got sick I wasn't able to work . I went to child support recovery an showed them my paper work where I had to apply for disability I filed for a modification of child support was denied so still was suppose to pay $ 645 a month with no income at all . I was in am out of the hospital for... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 14, 2022

In a contempt case, you have to prove that you have exhausted all resources in order to avoid contempt. Your being able to work is not the only solution. Sometimes, people have to borrow money, take a loan from a bank, or sell assets in order to come up with the money.

1 Answer | Asked in Family Law, Child Support and Child Custody for Georgia on
Q: What can be done about the custodial parent that won't work, just wait around for child support payments?? Able-bodied.

Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 14, 2022

No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I have a question about being served divorce papers while being in a rehabilitation center and having no legal counsel

Or representation and having issues with being told that I were to pay child support and kids are in the custody of State and that I have no visitation rights how is these things possible when I wrote a letter notarized letter stating that I needed time to prepare for this civil matter while I was... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 11, 2022

The court is not required to wait until you are ready. You need to hire an attorney immediately to represent your interests. A letter isn't able to be used to stop or slow down the case.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: what is the legal definition of every other weekend

I have custody of my child. her mother gets her every other weekend. my sister gets visitation the 2nd weekend of the month. my child's mother says when the second weekend of the month falls on the mother's weekend it doesn't count as her weekend but when the 2nd weekend of the month... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Nov 30, 2022

Every other weekend is exactly what it sounds like. Numbered weekends are different. In order for an attorney to correctly interpret what your parenting plan says, you should set up a consultation so they can review the plan and give you advice based on what it says.

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