Can I Get Child Support During The Divorce Process In Georgia?
Georgia statute provides for temporary child support, but it is rarely ordered. Judges require mediation before they do anything with child support. If there has not been much discovery, people rarely ask for temporary support, because you will go to trial promptly after mediation.
How Long Will I Receive Child Support In Georgia Or How Long Will I Have To Pay Child Support?
You generally pay or receive child support until your child is 18 in the State of Georgia.
If the child is still in high school full time, you have to pay support until they finish high school. If the child goes to high school part-time, support is given until they turn 18. If they do not finish high school, you have to pay until they are 20 unless they go to high school part-time.
I Can No Longer Afford The Court-Ordered Child Support Payments. How Do I Petition For A Reduction In Child Support?
If you find yourself in a position where you cannot afford to pay court-ordered child support, you can file a petition to amend it. These petitions are available on the southern judicial court’s website for use if you cannot afford an attorney, which is the case for many.
If your case is going through child support enforcement, they do an automatic check on it. All you have to do is request a modification every three years unless there have been changes before that point. If this is the case, you can ask for a modification of the court.
If Both Parents Share Equal Custody Or Parenting Time In Georgia, Does Anyone Have To Pay Child Support?
Whether parents share equal custody time and have to pay child support depends on several factors.
Georgia statute directs calculating child support with a non-custodial parent in every child support worksheet, and there must be a child support worksheet in every custody case.
If parents do not share time equally, the parent with more time is considered the custodial parent, and the other parent is the non-custodial parent.
Determining who the non-custodial parent is can be complicated in cases where parents share time with the child equally. In these cases, it is generally the parent whose child support obligation would be the greatest that is the non-custodial parent.
As per Georgia statute, the courts are directed to calculate according to the child support guidelines, which typically have the parent who makes more money responsible for a higher child support obligation. The courts can reduce amounts due because of the parenting time, hypothetically to zero. Ultimately, judges can disapprove as they see fit. There is at least one exceptional case where a judge has ordered child support for the visiting parent to receive because the income was so unequal.
As A Paying Parent, Do I Have Any Say In How The Child Support Is Spent?
Paying parents have no say in how the child support that they pay is used. Payees alone determine how to spend child support in Georgia.
Can I Deny Visitation If My Ex Or The Father Of My Child Doesn’t Pay Child Support In Georgia?
You cannot deny visitation to your ex-spouse or the father of your child if they do not pay child support in the State of Georgia.
Denying visitation and failing to pay child support are two separate issues. Denying visitation to your ex-spouse or the father of your child is in one way no different from them not paying child support – it is a violation of a court order. In these situations, it is best to take the high ground and not expose yourself to the potential consequences.
Our practice has seen cases where a judge put both parties involved in a case like this in jail. We highly advise to not even entertain the thought of doing something like this.
Georgia guidelines allow for a variety of situations. Having a lawyer navigate them with you is the best way to ensure you get the ideal outcome. For more information on Child Support in Georgia, an initial consultation is your next best step.
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