Child Support
Back Child Support
The father of my child has never paid child support. Is it possible to be awarded back child support for the years that he did not pay? The answer to this question has changed over the years, but the law has settled down recently on this issue. In Smith v. Carter, 699 S.E.2d 796 (Ga.…
Read MoreDo I Need to Pay Child Support if I Lose My Job?
This issue is more and more relevant in the current economy that is heading towards recession. Georgia law used to be draconian: NO RETROACTIVE MODIFICATION OF CHILD SUPPORT – PERIOD! (There were a few exceptions but beyond the context of this article). So what would happen is, someone would lose their job, have unemployment compensation…
Read MoreIs Back-Paid or Retroactive Child Support Possible in Georgia?
Can I get back child support in a paternity or legitimation case when unmarried? Do I have to pay back child support or retroactive support? In the State of Georgia, the answer to this question has varied over the years. As recently as the 1990 case of Weaver v. Chester the principle was established that…
Read MoreIs a Divorce Agreement to Pay Child College Expenses Modifiable?
Georgia courts cannot order a parent to pay for a child’s college expenses because they do not have the power to order child support past the age of 18 years, unless the child is enrolled full-time in high school, and then until no later than the child no longer being enrolled (dropped out or graduated),…
Read MoreDo I Need to Worry About Retroactive Child Support in my Paternity Case?
Here is a question often asked by fathers seeking information in paternity or legitimation cases. Can mothers get retroactive child support? The short answer is no. Georgia child support laws only allow for the prospective award of child support. That means only after a paternity or legitimation case is filed can an award of child support…
Read MorePaying for Extracurricular Activities in Addition to Child Support
Here’s a frequently asked question: “Do I need to pay the cost of my children’s extracurricular activities in addition to child support in the State of Georgia?” Legally speaking, the answer, as always, is complicated. A client will come into my office with their divorce or child custody decree in hand, wanting modification. I will…
Read MoreIs the Paycheck Protection Program Loan Considered Income for Determining Alimony or Child Support?
The pandemic brought with it more than just a virus. The impact of policies and procedures meant to keep infection rates low created a challenge for individuals and businesses to maintain productivity and profitability. That’s why the Paycheck Protection Program Loan (PPP) was designed. But is this loan something the courts can use to determine…
Read MoreWhen Can I Modify Child Support?
Under Georgia law, child support can be modified upon any material change of circumstances in the parent’s income or financial status or the needs of the child. That’s a lot of language for an attorney to work with. In short, it means if the other parent’s income goes up or down, there are grounds to…
Read MoreImputing Earning Capacity for Child Support, Alimony, Equitable Distribution, and Attorney’s Fees Issues
It’s a common problem in child custody and divorce cases. One party is underemployed or unemployed, often for a long time. They may indicate they’re unable to get a job because of their child’s schedule. They’re insistent that minimum wage is their only option for income. At the same time, you’re working hard and feel like…
Read MoreA Word from Scott Shaw: Can Visitation be Withheld if Child Support is Not Paid?
“Can I withhold visitation if child support is not paid?” I hear this question a lot. Along with it, there are two related questions: Can I withhold child support if visitation or parenting time withheld? Can I hold a child over in an emergency in violation of a custody order? The answer is found in…
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