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Georgia Child Support Questions & Answers
2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My CS case is currently under review with DCS. It has been 3 months. DCS said they have to serve Mom the modification

papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 9, 2023

It is always better to hire an attorney and have that attorney file your modification paperwork, rather than ask the Division of Child Support Services for a modification. That is because an attorney representing you is going to collect far more documents from the custodial parent than the... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My CS case is currently under review with DCS. It has been 3 months. DCS said they have to serve Mom the modification

papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?

Regina Irene Edwards
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answered on Feb 6, 2023

You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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

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... View More

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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... View More

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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... View 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 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... View More

Regina Irene Edwards
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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
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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... View More

Regina Irene Edwards
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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... View More

Regina Irene Edwards
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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.

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

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1 Answer | Asked in Child Support for Georgia on
Q: I live in Georgia, is someone still responsible for their child support if they sign over their rights to the child
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

Yes. Giving up your parental rights will not relieve you of your obligation to financially support your minor child.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Hi my child is in dfcs care and is about to be back in my care. Can a man that thinks she is get a paternity test done

Through dfcs without my knowledge?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

A potential father can take a mother to court on an action to legitimize and the court can order a paternity test. If he is determined to be the biological father the court may award him some form of custody & visitation.

1 Answer | Asked in Child Support for Georgia on
Q: Can i take him back to court for child support?

When my ex and i divorced we agreed, no child support. Now, I want to take him back. Since our divorced my pay increased 4k and his decreased 2k. We shared 50/50 custody and now our incomes are almost the same. Maybe off by 300 a month. Would it be a waste of my time to take him back to court?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

No one can tell you what the child support would be without any financial documents. Child support can be modified every two years without a material change in circumstances. If you think there could be an increase, you could hire an attorney and take the father back to court.

1 Answer | Asked in Child Support for Georgia on
Q: How can I notify the IRS that the non-custodial parent has an outstanding support obligation in the state of GA?

The non-custodial parent has never made a payment for child support, that was court ordered in 2016. He is over $28,000 in arrears (according to DFCS case portal) but they won't enforce saying I have to re-file as a "Full" case.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

I wold advise you to hire an attorney and file for contempt. An attorney can assist you in obtaining a judgment and in post-judgment collections to collect on that judgment.

1 Answer | Asked in Child Support for Georgia on
Q: I closed case in 2016 the child support recovery with $20,000+ in back pay. Non-custodial hasn’t paid what are my rights
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

You can file a case with the state for your arrears or hire a private attorney to file a contempt action. Those are your options.

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