Legal Question in Family Law in Georgia

Child support following child election

My divorce was final 2 years ago. My ex-husband and I have joint custody of our 2 children and, per our mutual agreement, he was awarded physical custody and I have visiatation rights. No child support was requested by him as he has significantly greater financial means than myself. My children are now 15 and nearly 14 and may choose to live with me. I would need financial help to provide for them. If the court approves their election, would the court dictate that he begin paying me child support upon the transfer of custody? How would the amount be determined? To what age of the children would support payments continue?


Asked on 10/01/04, 3:26 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Child support following child election

It would be up to the court to determine support, but given the facts as you wrote them, it's likely it would be done. Support generally lasts until age 18, unless there is a mutual agreement to go further. If a child is still in high school once reaching age 18, support MAY go until graduation, but not past age 20, if so ordered.

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Answered on 10/01/04, 3:30 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Child support following child election

It is up to the court to determine support, unless you and the father can agree on an amount, but the court would still have to approve the figure. There are percentage guidelines with regard to support - 17-23% of gross income. Generally, support continues until the age of 18 or graduation from high school.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 10/01/04, 3:41 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Child support following child election

The court would in all likelihood award child support if you and he can't agree on an amount. The code guidelines for two children is 23-28 percent of his gross income. Generally, child support is awarded until each of the children turns 18 but can be extended. The best way to go about this is to file a petition to amend the final decree to modify custody AND to ask for child support. You should consult with a local attorney. Bear in mind that the action must be filed in the county of his residence. BTW, the only way that the court may NOT approve the childrens's election is if you are found to be an unfit parent.

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Answered on 10/01/04, 4:08 pm


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