Legal Question in Family Law in Georgia

Child Support

father has a 14 year old daughter. paying child support of $500 per month. Father is no longer working and has two other children with his current wife. Father has elected not to work and is a stay at home dad, current wife is paying the child support. When father was working his income was approx $30k. Can this support be reduced now that he has a 2 year old and a 1 month old with current wife? Also, if there a way support money could go into an account so that the mother of the child has to use the money for the welfare of the child? She is using this money for her own pleasures and not providing for the child.


Asked on 9/04/04, 10:19 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Child Support

Most Judges would not like seeing a person who earned 30K a year choosing not to work (but read on). While a Court could consider his current family in setting support, that would mean considering BOTH that his wife works and that he has children. We'd have to see far more facts than you posted, but I don't see where there is a good case for a change, although anything is possible. Voluntary unemployment is frowned on. The exception here might be if his wife earns far more than he could, and it made economic sense for him to be the housewife.

Judges tend to get livid at people who want the other party to "account" for child support. If the rent is being paid, the utilities are on, the food is bought, and so on, Judges are not about the segregate the wife's money and child support and prevent her from also taking care of herself.

If the wife has enough funds to do a lot of luxury expenses plus meet the child's needs, THAT, not the arguments you presented, might present a basis to rexamine the support amounts

If the child is going without basic needs, then the remedy would usually not be accounting for support; it would be reexamining custody.

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Answered on 9/04/04, 11:27 am


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