Legal Question in Family Law in Georgia

Child Support

At the time of our divorce, 2 years ago, my ex husband didn't have a job. He found a job soon after, but we agreed at that time that he would just pay for all of our children's expenses (school, extracurricular, clothing, etc.) and not pay me a child support check every month. We have joint custody.

Since then his salary has risen to six figures, plus bonuses, and he is about to marry a woman who also makes a six figure salary. I am a teacher making less than $40,000, but I still pay for rent, food, entertainment and other misc. expenses when I have the kids.

Do I have the right to go back to court to get child support from him now? What about back support for the last 2 years?


Asked on 1/20/09, 1:57 pm

1 Answer from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: Child Support

There is no such thing as "back child support." There is child support which was not paid which is called an "arrearage." The person has to be ordered to pay child support or you cannot collect it. You should take him back to court immediately based on the change in circumstances. You need to seek a family law attorney and file a modification for an upward increase in child support and try to get a hearing as soon as possible.

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Answered on 1/20/09, 2:47 pm


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