Legal Question in Family Law in Georgia

Child support rights

My husband pays child support on two young children who may or may not be his. He also hasn't seen them in five years due to untrue criminal acusations. Two questions: In the state of GA if you pay child support don't you have the right to see your children and if these children were proven not his, because he is on the birth certificate would he still have to continue paying child support and if not would he be compensated for what he has paid in?

Thank you,

B.B. in GA


Asked on 1/10/05, 3:45 pm

2 Answers from Attorneys
Bernd Stittleburg Stittleburg Law Offices, LLC

Re: Child support rights

If your husband is under a court order to pay child support for the children, then he cannot stop paying it and if he did stop paying, he could be subject to incarceration. On the other hand, if he is unsure of his paternity, a blood or DNA test would solve that issue. If you would like to pursue either, please contact me at [email protected].

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Answered on 1/10/05, 4:01 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Child support rights

The court decides whether he has to pay support or not. His right to see them is a separate issue. If they are not his children, he needs to show the court through DNA/blood tests. If he does this, he will not be obligated to pay support.

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 1/10/05, 5:24 pm


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