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How do my son's mother and I go about dropping any arrears in child support in the state of Georgia?

Atlanta, GA |

I did not pay support for 10 years. Now my child's mother and I have both grown up and decided to think of our child more that anything else. I have been visiting for 4 years, and paying my monthly payment for 3 years. We discussed the past on the first few days of getting back in communication and both feel that the past is history and would prefer to forget what happened and focus on our child. Recently, her ex-husband lost his job and is not able to provide insurance for his daughter. When she went to get Medicade for her family(I provide insurance for my child) the state is requiring her to collect the arrears. We wish to have the arrears forgiven. To my knowledge she has never been on temporary assistance to needy families during my absence. I also now live in KY and they are in GA.

Attorney Answers 3

  1. Best answer

    The law in the state of Georgia is that child support arrears may not be modified by the court or waived by the custodial parent. That being said, there are sometimes ways to do things such as this if the parties consent. The big problem here is that the child's mother has applied for Medicaid and that brings the government into the equation. I don't know why the state would require her to collect arrears from you if she wants Medicaid for a child that is not yours. You might want to get some clarification on that issue.

    That being said, I would strongly recommend you speak to an experienced child support attorney in the state of Georgia. As I have said, there are ways to do what you want to do, but you have to get the paperwork right.

    Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues. For additional information, you may wish to view our firm website at Our firm can assist with matters in Cobb, Fulton, Dekalb, Forsyth, Paulding, Douglas, Bartow, Cherokee, Gwinnett, and other counties in the Atlanta Metro area.

  2. The State of Georgia does not authorize the parties to modify child support on their own. Only a court order can do that. Also, the Judge is not authorized to retroactively modify child support obligations. Your son's mother may choose not to actively pursue the arrearage. However, she cannot forgive it and make it go away. When she seeks government assistance, such as medicade, she is subject to their rules.

    You will need an attorney to draft a Consent Order for a Judge to sign regarding the collection of the arrearage.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.

  3. You cannot "drop" child support arrears. The only option is for the parent who was owed the support to not pursue collection of it. Unfortunately, however, the custodial parent is generally required to pursue collection when they receive government assistance as the view of the "state" is that the assistance may not have been needed had the noncustodial parent paid their support.


    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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