Legal Question in Family Law in Georgia

Who is entitle to child support?

I'm a mother of two childrens. I'm Single never married. My oldest child lives with my mother and my youngest live with me. I pay all of my oldest health insurance,pharmacy costs, doctor visits and send extra money for any of her needs twice a month. Her father does absolutely nothing. Child support agency stopped my child support because they say my child does not physical lives with me. I talk with two attorney that says as long as I can show that I'm supporting her I'm entitle to child support from her father. The case worker says that my mother has physical custody of my oldest because she lives with her, so this is the reason they stopped child support. My oldest is just living with my mom temporary and I have legal custody to decide on her health, education, etc. What kind of rights do I have? I thought my legal right outweights anything else? Is it right for them to stop my child support not obligating him to anything? The agency says that my mother will have to file child support for my oldest child. Is this right? When she files child support, she will have to file child support for the both of us. Can my child support just be stopped and the father has no obligation to take care of this child? Who is right?


Asked on 12/02/05, 12:21 pm

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: Who is entitle to child support?

There is a difference between what you are entitled to and what Child Support Enfocement will enforce. Due to the nature of your mandate, they can only enfoce child support for children livin with you. If the child is not living with you, no matter how temporary, they cannot enforce the support. The father is still obligated to pay. You can personally enforce his obligation through means of the contempt powers of the Superior Court. You probably need to retain an attorney. You will also need to dismiss and close your case with Child Suport Enforcement. I usually do not recommend people go through Child Support Enforcement if they have any other means. Since they are a government agency, they do not work for you. They work based on laws that create the agency and the agency policies. An attorney you retain works for you.

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Answered on 12/02/05, 6:52 pm


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