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Georgia Child Support Questions & Answers
3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: What case law states that parenting plan provisions are separate and different from a child support order?

Judge interpreted a "Petition to Modify Parenting Plan" that included provisions of responsible party for expenses related to missed visitation as a "Child Support Modification". Misinterpretation of petition as a Modification of Child Support now bars seeking child support... View More

Regina Irene Edwards
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answered on Oct 17, 2018

There is no law that states what you want it to say. However, most Petitions to Modify parenting plans include a request to change child support in accordance with the proposed new plan, so the 2 year bar would be triggered. The two year rule also doesn't apply to a loss of income situation.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Does the law say when a 17yr old child is in DFCS custody the biological parents have to pay child support to DFCS
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 16, 2018

The biological parents can be ordered to pay child support to DFCS if a child is in care.

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1 Answer | Asked in Child Support for Georgia on
Q: Exwife refuses to pay child support and has now quit work and states she is unable to pay. She is 15000 in the rears .

Can you just not work and claim that you are disabled in Georgia and not have to pay child support? She has always been in the legal field and now works under the table for cash. I got custody of my daughter 3 years ago and she refuses to pay anything.

Regina Irene Edwards
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answered on Oct 15, 2018

You can hire a private attorney and file for contempt.

1 Answer | Asked in Child Support for Georgia on
Q: What else can be done if I currently have a State of GA Child Support Enforcement case but still not receiving payment?

I was divorce from the non-custodial parent in 2009. I have not received payments since then. With the exception of 2 checks for one week of child support each about 2 years apart. What can I do to further my case on my own? If I hire an attorney privately, will that make a difference. 9 years of... View More

Regina Irene Edwards
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answered on Oct 15, 2018

Private attorney often have better success enforcing orders. As long as you know where he is, a private attorney can file and ask for an incarceration hearing within 30 days.

1 Answer | Asked in Child Custody, Child Support and Civil Litigation for Georgia on
Q: Have the follow up question below (Roy)

Thx! We signed an agreement for a amount ageed upon. Now i got a modification form. Our ageement was filed in civil court. We had no time frame stated. Can CS make me break that contract and participate in the new modification order as if the prior agreement doesn't exist?

Regina Irene Edwards
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answered on Oct 14, 2018

Your question is too specific to be answered. I don't know where the agreement was filed, if there is a valid order, or if child support enforcement still has your case. You should gather all of your paperwork and consult with a family law attorney so they can give you advice about your... View More

1 Answer | Asked in Child Custody, Child Support and Civil Litigation for Georgia on
Q: Three years ago me and the custodial parent signed agreement for monthly CS payment amount. Can it be changed without ag

reement. It was not set by the court. Can i petition to have the civil order continue to be enforced as is

Regina Irene Edwards
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answered on Oct 14, 2018

Yes, you can file for child support and ask the court to adopt your agreement as an order.

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: How does a person go about finding out if my child was adopted when she was 12. Because I pay child support till 19.

My Ex wife and Daughter lived in VA.

Homer P Jordan IV
Homer P Jordan IV
answered on Oct 12, 2018

Have you consulted with an attorney about this? You may want to consult with an attorney who can review the facts of the case and help you plan the proper course of action. Since you have been paying child support it sounds like you still have contact, which means you should have been notified if... View More

1 Answer | Asked in Child Support for Georgia on
Q: My minor child just became incarcerated. No longer in his mother’s care. Do I still have to pay child support?

He is being charged as an adult and will spend at least 3 years in juvenile detention centers.

Regina Irene Edwards
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answered on Oct 10, 2018

You need to speak with an attorney about your case. Unless there is an order stopping child support, you have to pay. You can speak with an attorney about filing to stop child support.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: The father is not on the birth certificate and has not legitimize. If I file child support, will I be granted arrearag?

The child is born out of wedlock.

The father is not on the birth certificate and has not legitimize the child.

If I file for child support, will I be granted arrearage?

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 10, 2018

No, but you will be able to obtain an order of ongoing support is he is determined to be the biological father.

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3 Answers | Asked in Child Support, Family Law and Child Custody for Georgia on
Q: Is a voluntary acknowledgement of paternity considered valid if it is signed? Thus making the child legitimate?

I have a paternity of acknowledgement signed by me and the mother pursuant to code Ocga 19-7-21.1 does this make he child legitimate?

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 9, 2018

The voluntary acknowledgement of paternity does not give the father any custodial or legal rights to the child. In order to establish legal custody and obtain parental rights, you must obtain an order of legitimation.

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1 Answer | Asked in Child Support for Georgia on
Q: college and child support

My son is now 21 and about to sign up for college, is there any way to get his father to help with expenses?

Child support ended when he was 19 yrs old. Thank you.

Regina Irene Edwards
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answered on Oct 6, 2018

No parent is legally required to provide support to their adult children.

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What "day of the month" are child support payments due?

My divorce decree says that child support payments begin on the 1st day of March 2009 and are payable monthly. My understanding is that as long as its paid within the month...no foul. My ex wife's attorney is claiming its due on the 1st for that month and he will press for contempt if not... View More

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answered on Oct 5, 2018

Child support should be paid on the 1st.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: 9 years ago i got divorced and i agreed to pay child support (for 3 children) until the youngest child reaches age 22.

The youngest is now 17 and the older two are both fully emancipated. Can I go back and seek a modification now to reduce the time/term of child support to be only until the youngest reaches 18 (or graduates from high school)? I have heard that after agreeing to this extended child support term... View More

Regina Irene Edwards
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answered on Oct 5, 2018

You cannot revoke your agreement to extended child support. It does make sense. It was an agreement, and therefore cannot be modified.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Military Law for Georgia on
Q: I'm pregnant, how soon can I start the process with DCSS?

Ex left once he found out I was pregnant and vows to be involved, as well as threaten to hide income. Can lack of involvement increase support order?He is in the military and receives medical benefits can medical benefits for child be enforced in support order?

Regina Irene Edwards
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answered on Oct 5, 2018

You can file for child support as soon as the baby is born. He will likely be ordered to provide health insurance as well as child support.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: My wife and I are separated and I got served child support papers she was violent with me and I can prove it now what?
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 5, 2018

The abuse will have no bearing on an administrative child support matter. You should consult with an attorney to discuss your options regarding filing for divorce to deal with all of the issues of the marriage.

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3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: Im going threw a divorce. And we have to kids together. Do i have the right to take out all the money in his bank accoun
Regina Irene Edwards
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answered on Oct 4, 2018

You should never empty all the money in your spouse's bank account.

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1 Answer | Asked in Child Support for Georgia on
Q: Just got order for child support. Can a modification be grant without my knowledge? Can legitimation affected the order?

Have not receive full payment of order because NP states the original order was changed because of pending legitimation and custody case.

Regina Irene Edwards
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answered on Oct 3, 2018

The child support amount may be modified in the legitimation action. You need to consult with an experienced family law attorney about your case.

1 Answer | Asked in Child Support for Georgia on
Q: Is there a statue of limitations to file for back child support?

My ex-husband and I filed in 2000 for a divorce. He paid child support for 2 years out of the 13. I did not fight him then for the child support because he also gave excuses. Now the children are in college and past the age of 24 and are struggling. Is there a way that they can file for child... View More

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answered on Oct 2, 2018

If there is an order for support and he did not pay, then you can file for contempt. There is no statute of limitations.

3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: If a child is born out of wedlock and father has not legitimated the child, how can the mother get proof of custody?
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answered on Sep 29, 2018

You can file a request for declarations of sole custody in Superior Court.

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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Had a hearing on modification of alimony & C.S. in April, no amount was set at hearing, got papers July, owe for may

If the judge didnt know the amounts at the hearing in April, recieved paperwork in July,backdating owed child support and have to refund alimony for may & june. Is that leagal? If no amount was established during court by judge, he said he would have to figure out how much child support I owed... View More

Regina Irene Edwards
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answered on Sep 29, 2018

No one can answer your question without reviewing your court orders. You need to consult with an experienced family law attorney.

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