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Georgia Child Support Questions & Answers
3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Am I allowed to refuse visitation to the non-custodial parent due to alcohol, drug and extreme sexiual behvior abuse.

I am the custodial parent and I wanted to know can I refuse visitation according to the other parent abuse. He has not seen his child in over 3 years becuase he hops state to state and city to city. He owes over 27,000 dollars in child support. I have video and photo proof of all his abuse.... View More

Samantha A Holloway
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answered on Jun 12, 2019

I would suggest that you file the necessary documents to modify visitation immediately. Depending on the judge/county, you may be able to get an emergency hearing to temporarily modify visitation if you believe that your child will be in danger when the child is in his father's care.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What will happen if the mother moves before she is served the legitimization papers for our child to be in court?

The mother of my child is moving out of state in 30 days. I just filed the legitimization papers yesterday. Our son is 7 months right now. She will not tell me where she is moving to, she won't give me her number to contact her about him. If she move before they serve the papers, what will be... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 12, 2019

Until she is served, there is no standing order to prohibit her from leaving the state with your child. Unfortunately, until you are legitimized, she does not have to advise you of her whereabouts either as you have no rights to custody or visitation until then. You should aggressively pursue... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How can we get a "homeless" NCP served?

My husband filed for Child support in Jan. 2019 against his son's mother, the NCP. He has full physical custody and joint legal custody. The NCP is "homeless" on paper, and the sheriff has been unable to serve her at any address available. She visits the child regularly at our home,... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 11, 2019

If you have specific dates/times that she will be there for visitation, you can have a private process server serve her during those visitation periods. Oftentimes, you can arrange a specific time and place with a process server, where this is not typically an option with the Sheriff's Office.

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1 Answer | Asked in Child Support for Georgia on
Q: my court ordered support comes out of SSID. Im over 5k in Arrears. Haven't missed a payment in 5 years. Passport?

Was disabled in 2015. Court gave me a set amount to pay on my child support arrears out of my disability check. Haven't missed a payment in 5 years. I'm still in arrears due to interest. Can a lawyer argue for me to get a passport due to my court order and payment history? The law says... View More

Regina Irene Edwards
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answered on May 31, 2019

You certainly could pay an attorney more than $2500 to argue that you should be able to get a passport. A better use of your money would just to pay down the arrears so it is no longer an issue.

1 Answer | Asked in Child Support for Georgia on
Q: Ex not paying the right amount but isn't 60 days behind still over 2000.behind though and dcf wont enforce live in GA.

He is supposed to pay 365 on the first and 16th of each month and has only paid 117 last two months. Have talked to dcf and they say they can't do anything because he isn't 60 days behind??

Regina Irene Edwards
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answered on May 31, 2019

You can hire a private attorney who can file immediately.

1 Answer | Asked in Child Support, Criminal Law, Divorce and Family Law for Georgia on
Q: My husband deserted me while suffering from medical issues. He has left the state and we have one child and no support.

He has sent no money for support. What can he be charged with and how long before he would have to give me any money. How long before I could get help. I am homeless and starving.

Ellaretha Coleman
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Ellaretha Coleman
answered on May 31, 2019

You can file a warrant application for abandonment if he has not supported the child in more than 30 days. You can also open a child support action.

2 Answers | Asked in Child Support for Georgia on
Q: Child support matter

I have 3 kids ages 18 16 and 11 the one 18 fixing to emancipate but I was told by friends it doesn’t matter my child support payments will stay the same until my last child graduate is that true? It been 3 years do you think I need to go for a review

Regina Irene Edwards
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answered on May 22, 2019

If your child support is not a per child order, the amount doesn't change unless you modify it. You should consult a family law attorney to see if you would be likely to get a decrease.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: I have an active case with DCSS in GA can I still file child abandonment against the NCP.

Over 6 yrs no contact with our children, more than $20,000 in arrears, over 90 days no payments.

Regina Irene Edwards
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answered on May 20, 2019

Yes, you can file for child abandonment. You should also contact a private attorney to see if they can help.

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1 Answer | Asked in Child Support for Georgia on
Q: My child graduates high school on Thursday do i have to make a child support payment on Friday? I am not behind.
Regina Irene Edwards
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answered on May 18, 2019

If your client is only 17, then child support ends at 17. If your child is 18, then Friday's payment should be your last payment as long as the court order states that that is when support ends.

2 Answers | Asked in Child Support for Georgia on
Q: After judge signs final divorce and sets child support payment through the court how long does it normally take

My daughter says she has not received any child support from the children's father and it’s been a year. He worked in Georgia for a while and transferred with a company to Alabama. She doesn’t work and I am doing all I can to support them and myself.

Regina Irene Edwards
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answered on May 16, 2019

The child supp rot should have started immediately. She needs to see an attorney as soon as possible to file for contempt.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Can a child support agreement outside of court be an argument against paying arrears?

My ex and I had lawyers agree on a lower child support payment 2 years ago. An agreement was drawn up but never signed by both parties, only I signed it. She never signed it and she did not submit it to the court. Now she is taking me to court for owing thousands in arrears. Am I going to be able... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on May 13, 2019

You should contact the attorney who drew up the agreement for you. This may be a circumstance where a motion to enforce settlement agreement may be appropriate. The agreement may also provide an argument against whether your failure to pay the previously order support amount is willful.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: What can I expect going into court?

I have raised my four children for two years on my own with no support. One year ago he started getting them every other weekend. (He walked out and moved in with a girlfriend he cheated with two years ago.) They visit with him where he lives with her.

Now he is asking for joint custody (we... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on May 13, 2019

A court is not likely to give him joint physical custody if there is a significant distance between the parties' residences. Additionally, if he went a two year period without support or visitation with the children, the court will also consider those facts in determining whether he should... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I pay child support to ex for my 17 year old I have 6 months left to pay can I pay the full amount of child support in

One payment so I can be done with making monthly payments to her?

Ellaretha Coleman
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Ellaretha Coleman
answered on May 10, 2019

There is nothing prohibiting you from paying the support in advance. However, if there is an income deduction order, the order will not be terminated until the child ages out of their entitlement to support so a pre-payment outside of an income deduction order may result in double payment.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I've filed for child support and my court date is in July. What to expect at this court date?
P. Justin Thrailkill
P. Justin Thrailkill
answered on May 6, 2019

If you filed through the child support office, there is nothing for you to do other than show up and provide any documentation they ask for. The case is brought in the name of the child, so, technically, it is out of your hands at this point.

2 Answers | Asked in Child Support for Georgia on
Q: I said i didnt need child support but am now struggling. Can I go back and request child support?
Samantha A Holloway
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answered on May 4, 2019

Typically, you cannot modify a child support award unless it has been 2 years has passed since the last order. However, child support can be modified if there is a material change in the financial circumstances of the parents or the child. You may want to talk with a lawyer to determine if your... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: If me and my child’s mother signed a paternity acknowledgment and birth certificate does it make me have any rights
Ellaretha Coleman
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Ellaretha Coleman
answered on Apr 30, 2019

Unfortunately, not. Until you petition the court to legitimize your child, you will not have any rights to custody or visitation.

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: My daughter is on disability, has 1 child, divorced in 2009, got back together. He moved out. Need new parenting plan.

They got back together shortly after their divorce. Have been together since but did not remarry. They have lived with us for almost 5 years now. He recently cheated and has moved out. He has told their daughter he did nothing wrong since they never remarried. She is only 11and does not... View More

Regina Irene Edwards
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answered on Apr 29, 2019

She probably doesn't need a new parenting plan. If the one she has gives her custody of her daughter, there is nothing for her to do. The 11 year old cannot move with him without her consent.

1 Answer | Asked in Child Support and Divorce for Georgia on
Q: Have a question about papers I just received from an attorney for a contempt proceedings dealing with child support
Regina Irene Edwards
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answered on Apr 29, 2019

You need to consult an attorney who can read the documents and give advice about what to do next.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Georgia on
Q: How do I get a court appointed lawyer for a civil domestic relations (child custody) case if I can't afford one?

I called the court and they denied me the right to an appointed lawyer

Ellaretha Coleman
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Ellaretha Coleman
answered on Apr 25, 2019

There are no court appointed attorneys in child custody cases. You can apply for a pro bono attorney through your county's legal aid office.

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