The father of my son tells me that he's only going to send me 17% of his income on a monthly basis (at the end of each month) for child support. How did he determine that percentage of 17%, we never went to court, it seems he got some advise from a lawyer to do that. The father lives and works in NJ, we were never married, he recently got a job and has been paying me the same amount for child support for the past 5 months. Also, prior to that, he never paid any support for the first 4 1/2 years of our son's life. Do I have to wait until the end of each month to get money and how can I find out the right percentage that should be paid to me without going to court?
I suggest that you either file a lawsuit for child support, or go through child support recovery. IF the child lives in Georgia with you, then Georgia law controls the amount of child support. Ga law determines child support based upon the GROSS income of both parties, as well as child care, medical expenses and other expenses for the child. Go see an attorney to find out exactly what you are actually due in child support.
Child support in Georgia is based on the income of both parties, along with other factors such as day care and medical insurance. You need to get a child support case filed, either for free through the state or by paying for a lawyer.
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I agree with my colleagues. If the child lives with you in Georgia you need to start a child support establishment case either through private counsel or the Child Support Services office. Don't let the father tell you what he's going to pay. Make sure he's paying what he should be under the law.
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If you do not take the matter to court (with an attorney or through child support services) you will not find out what the proper amount is and/or the proper amount will not be paid. He does not get to dictate the amount he pays, unless you allow him to.
Prior to 2007, child support in Georgia was based on a percentage of the noncustodial parent's income. That is no longer the case. Your son's father may have received outdated advice from someone. I agree with my colleagues. You need to file a Motion for Child Support directly with the Superior Court or through child support services. The order that you will receive will tell him how much he has to pay and when.
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