Legal Question in Family Law in Georgia

I am a stay at home mom of a 17 year old and a 14 year old. I currently homeschool the 14 year old and am now expecting a baby. My ex has enticed my 14 year old to go live with him. My question is will I have to pay him child support even though I have stayed home with the kids? Also he currently owes over 25,000 dollars in arrears of child support to.me.


Asked on 2/26/14, 12:27 pm

2 Answers from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

Child support is based on a number of factors. Were the 14 year old the only child between the two of you, you may be required to pay. If each of you has a child, he may still have to pay because of the disparity in income. You should also be aware that, if you are the custodian of the 17 year old, this dynamic may change once that child reaches 18 or graduates. Also, child support can only be changed by court order, so just having the child live with him does not change his ongoing obligation. Finally, if he is that far in arrears, you may want to consider filing for contempt and having him forced to pay you the arrears or face incarceration.

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Answered on 2/26/14, 12:58 pm
Tahira Piraino Tahira P. Piraino

Only a judge can change custody. If your 14 year old is residing with the father under no court order, you can demand his return. Even if a 14 year old elects to live with another parent, the judge does not have to grant the change. It is solely based on the best interest of the child. I assume there is no court order or otherwise the issue of child support would have been addressed. There are too many factors to state whether or not you would pay child support. You need to speak with an attorney as this is not a simple question to be answered on an internet posting.

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Answered on 2/26/14, 1:33 pm


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