Frequently Asked Questions in Child Support Cases

Q. When does the new law start?

The new law takes effect on January 1, 2007.   It will be applied to all child support decisions made after that date, even if the case was started in court before that date.

Q. If I already have a current child support order, how will I be affected by the change in the new child support guidelines, effective January 1, 2007.

No current order will automatically change, effective January 1, 2007. The only way that a current order will be affected is if a petition to modify is filed.  If you are currently obligated to pay child support through the  Office of Child Support Services they may file a recommendation to modify pursuant to O.C.G.A. §19-11-12, which serves the same purpose.

Q. If the child for which I have been paying child support elects to live with me, can I stop paying child support?

Technically, No!   You are required to continue paying support to the custodial parent until such time as your child support obligation is terminated pursuant to an order of the Court. However, depending upon the specific facts of your case, there is a high probability that a court would terminate your child support obligation if custody of the child is changed to you.

Q. The non-custodial parent and I reached a verbal agreement that he/she would pay me more child support.  Is it necessary for me to file any action with the court with respect to the increase?

Absolutely!  Until the court modifies the original order on child support, the non-custodial parent is not obligated to pay the increased amount, and if he/she fails to pay that support, you would have no remedy under the original order to enforce payment.

Q. Can I reduce my child support payment when the oldest child graduates without filing a case?