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Georgia Child Support Questions & Answers
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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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How do I file do I file a decree to have a cased dismissed?

My ex husband has filed paperwork to try to take my child from me. Georgia has no jurisdiction over the matter as I live in Texas, the divorce happened in Colorado and I have never lived in Georgia. He has filed false accusations against me and I am trying to get this case dismissed in Douglas... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 4, 2020

You need to hire an attorney who can review the prior orders, gather evidence and file the Motion to Dismiss. It may require a hearing, so it's not as simple as just asking the court for a dismissal and it happens.

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1 Answer | Asked in Child Support for Georgia on
Q: I'm ordered through child support to pay for my son but he hasn't lived with his mom since he was 4 and she has the card

My son doesn't get any of the money so basically I feel like I'm supporting her instead of him it's not fair I have other kids to what can I do to stop this

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

You need to file a modification.

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

Fair, Flat Fees Only - No Hourly Billing

1 Answer | Asked in Appeals / Appellate Law, Child Support and Family Law for Georgia on
Q: contempt for not paying child support and attorney fees, sentenced to jail, can they appeal to avoid jail

If a party has appealed existing court orders (lost appeals, even GA Supreme Court) and has not paid a dime, at the contempt hearing, if the party is found in contempt, can they avoid jail by filing an appeal to drag the case out? What GA case law could be used to prevent appealing if indeed the... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 29, 2020

We would need to know about the specifics of your case in order to provide you with guidance. You should consult with an attorney who can review the facts and provide you with guidance that is unique to your case. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Child Support for Georgia on
Q: MY CHILD SUPPORT HAS ENDED, MY WIFE SAYS I SHOULD HAVE PAID HER MORE EACH MONTH, CAN SHE SUE ME?

3 KIDS... I NEVER STOPPED PAYING THE SAME AMOUNT WHEN MY FIRST DAUGHTER TURNED 18, I CONTINUED TO PAY THE SAME AMOUNT AFTER MY SECOND TURNED 18, NO MY THIRD HAS TURNED 18, I AM THROUGH WITH CHILD SUPPORT. MY EX STATES I SHOULD HAVE BEEN PAYING MORE THEN ENTIRE TIME, CAN SHE SUE ME?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 19, 2020

No. She should have sued you before if she thought your child support was too low. She can't go back and get extra child support now.

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

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Support for Georgia on
Q: I divorced in May 2009. Is there GA law that child support must continue after age18 if the child is in college?

The divorce decree says until age 18.

My email is urraven@hotmail.com

Thank you!

V. Joy Edwards
V. Joy Edwards answered on Jul 17, 2020

No!!! Unless your divorce decree says otherwise, child support stops when the child turns 18 or graduates from high school, whichever one occurs last.

We would be happy to help you get your situation taken care of.

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3 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: I was married in GA when my son was born, but now divorced and want to confirm paternity. How can I do this?

My ex wife filed for divorce from me while I was incarcerated and won. I’ve always questioned his paternity based on her infidelity, but I know he needs a good dad. Now I’m remarried and my ex is making my life hell. She won’t allow me to see him, but receives child support. I don’t know... Read more »

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

You can't force a DNA test outside of current litigation. You may file for legitimation and ask for a DNA test in the court of the custody proceedings.

--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: Can I deduct the medical costs the custodial parent owes me (non-custodial parent) from the next months child support?

I pay $300/month in child support and I'm responsible for making sure he has insurance, which he does. While in my care, my son needed to go to the dr and we split all uninsured medical costs in half. Can I take the amount the custodial parent owes me out of the next months child support? For... Read more »

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

No. You must pay the child support and collect the expenses separately.

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

Fair, Flat Fees Only - No Hourly Billing

2 Answers | Asked in Business Law, Child Support and Family Law for Georgia on
Q: Can the child support office take assets/money from a business such as a LLC, etc?

Does business profit count towards an the income for the NCP?

V. Joy Edwards
V. Joy Edwards answered on Jul 14, 2020

Yes business profit counts towards income.

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