Legal Question in Family Law in Georgia

Both parents lost custody of their child to the maternal grandparents. The father gave up all rights to the child the mother unfit. Child support was started but stopped when the mother said she no longer wanted it in 2007. The child came to live with the grandparents in 2007. This year 2010, the IRS took the father�s tax return this has never been done before. But the question is where did the money go and to whom?


Asked on 6/11/10, 7:11 am

1 Answer from Attorneys

The child support order continues on the books until there is a court order to the contrary. If there are arrears, then the IRS will intercept any tax refund. Did the father have his parental rights terminated or did he just lose custody? If he just lost custody, this does not suspend his duty to pay child support to the grandparents. The support should have gone to the maternal grandparents. I am not sure what the mother did to "stop" child support. Its the grandparents who are entitled to receive it from both parents, not the mother. If the father has questions, he needs to see a family law attorney.

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Answered on 6/11/10, 12:14 pm


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