Legal Question in Family Law in Georgia
Child Support Modification
Under the provisions of the divorce decree, it states the following:
Due to Wife being unable to work because of her disability, provisions are made in this agreement for Wife to provide other forms of support in lieu of regular monthly child support payments to Husband.
She is court-ordered to pay $500/year per child in medical and 1/2 of after-school child care. Nothing else.
Ex-wife gets a stipend each month from a car accident. After her accident, prior to the children being born, she did have a job - worked 40-hrs a week, sometimes as a cashier at a store, sometimes at an office.
She refuses to even pay the $500/year in medical. Wants me to subtract money she paid for my son's baseball from a request for medical reimbursement. Can she do that?
Can I file for a Child Support Modification? Or is this just a losing proposition?
2 Answers from Attorneys
Re: Child Support Modification
Before you consider a modification, I would consider a Petition for Contempt. I don't think she can deduct the baseball costs. At any rate, you should consult with a local attorney.
Re: Child Support Modification
The mother must follow the terms of the court order. You may file for a modification, but you ordinarily need a change in circumstances.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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