Legal Question in Family Law in Georgia

child support modification

We have joint-custody of a teenage child who chose to live with his Dad a year after the divorce to take advantage of the Dad's ''unrestricted'' lifestyle. It was a social/academic disaster, and he is now attending a boarding school to help realign his world.

The divorce decree states the father was to pay child support and educational expenses through high school, unless the child lived with him more than 15 days of each month... in which case child support, to me, would be suspended. There is no documentation stating my obligation to pay child support under any circumstances.

The ex is suing me for child support. What are his chances of receiving child support from me? He is a successful attorney, who drafted the divorce document himself, and does not need the money.

We each had attorneys for the divorce, but we agreed to his drafting the docoument because it was a fair distribution of assets and child support, and caused the least impact on us while regrouping from his infidelity.

Will I be expected to pay him child support, even though the child does not physically live with him? The cost of boarding school does not exceed the combined total of child support and educational expenses previously paid. Thanks.


Asked on 9/29/05, 12:15 pm

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: child support modification

Without reviewing the divorce decree, I would say that you would not be obligated to pay child support unless the court requires you to. So, the father would have to seek to modify the original decree and ask for support form you.

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

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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 9/29/05, 3:32 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: child support modification

Without reviewing your divorce documents and looking into all the facts and circumstances, it is impossible to give you a reliable response. You should consult with a local attorney.

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Answered on 10/11/05, 4:23 pm


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