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I pay Child Support, and now my daughter lives with me. How do I get her to pay or how can I make my payments stop.

Clarkesville, GA |

My Daughter lives with me in GA. I reside in one county, and she in another. We filed and completed a divorce in a separate county other than we live now. Where do I start any kind of proceedings to either stop me from having to pay her Child Support, or to get her to start paying Child Support.

Attorney Answers 3

Posted

It does not matter where the divorce took place. If both parties reside in Georgia, and one party wishes to modify the divorce decree, it must be filed in the county of the other party's residence.

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

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Asker

Posted

thank you.

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law.

Posted

What you are proposing can be accomplished by means of a modification action. In sum, you must file a petition to modify the custody and child support terms of your divorce action, and it will likely need to be filed in the county in which the mother resides.

If the original divorce decree stated that your child would live primarily with the mother, and that you would pay child support, but now the child lives primarily with you, there has arguably been a "material change of circumstances," which warrants a modification of the terms of the original decree. The modification woould need to deal with custody (both legal and physical custody), and child support (as you are still legally obligated to pay child support to the mother, and that liability will not change until it is formally modified by a court).

Until you file the modification action nothing with formally change, and technically the mother could come to your home, pick up your child and demand strict compliance with the terms of the existing order. Further, until you file a modification action and obtain relief from the court, you will be obligated to pay child support. Do not think that the fact that your child resides with you somehow allows you to stop making your child support payments, because it does not. Many people get themselves into trouble because they simply stop paying, only to find out years later that they have a sizable child support arrearage that they legally must repay.

Therefore, my advice is that you speak with an attorney as soon as possible, and file a modification petition that will modifiy the custody and child support terms of your existing order.

Thank you and good luck!

Todd

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.

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Asker

Posted

Thank you very much. I will start saving up some money.

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, your local attorney’s are usually the best source of advice, and their answers should be given the highest regard.

Posted

It sounds like you need a child support modification. You would file that in the mother's county of residence. You are certainly entitled to a modification, due to the change in circumstances involving your daughter now living with you. You will also want to file for a change of custody to obtain primary physical custody of your daughter. That is actually the first thing that you want to do. The child support modification is merely ancillary to changing custody.

I strongly advise you to get an attorney to help you with this. It is more complicated than you might think.

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.

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Asker

Posted

Thank you for you great advice.

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