Legal Question in Family Law in Georgia
If 14 yr old moves to dad's do I lose support?
My 14 year old is moving to his dad's because he wants to change school zones. His younger brother and sister are continuing to live with me. His father has remarried and had two more children. I have remarried and had two more children also. His father makes a six figure income. I am a stay at home mom. His father's wife is a stay at home mom also. His father is now refusing to pay any child support...even support for the other chidren. I know that my 14 yr old may very well decide to move back home when he discovers that changing schools won't be any different. My question is ''If my 14yr old moves to dad's do I lose support?
3 Answers from Attorneys
Re: If 14 yr old moves to dad's do I lose support?
Your divorce decree should contain language either breaking down child support per child or just a lump sum. Under either, he can not pay no support. If the former, his support can be reduced by the per child amount but only after a court order changing custody.
Re: If 14 yr old moves to dad's do I lose support?
*no legal advice given or atty client relationship created; posting is based on general presented hypothetical situation*
As stated in other replies, you will need to bring a copy of the most recent order specifying child support to any consultation with an attorney.
Unless the child support order provides for an automatic modification of child support upon the happening of certain circumstances, and those circumstances have happened, he's probably in contempt. He may have grounds to bring a petition for modification of custody and child support, even to request child support of you, and the outcome of that would depend on a lot of things; an attorney can give you some guidance to the likely outcome. But the answer to your question, "If 14 year old moves to dad's do [the other two kids automatically lose their right to] support" is probably "no." If his income is greater than yours, and you have two of his kids and he has one of yours, then the answer is very probably "no."
Re: If 14 yr old moves to dad's do I lose support?
A 14 year old child can elect to live with either parent by merely evidencing a choice, proceeding in court and seeking to modify. The issue of child support abatement is usually controlled by the separation agreement the parties executed at the time the decree was entered or the decreed imoposed by the court at trial.
You need to review the agreement.