Legal Question in Family Law in Georgia
my divorce is finalized and I have to pay child support yet my ex husband gave his parent custody of our children to his parents. they live in a different state and both me and my ex live in the same state. He is military and I am a civilian. I saw some where that that the children have to be physically living with the custodial parent to receive child support. my question is do I have to pay child support to my ex husband or send it directly to his parents? I want my children back.
3 Answers from Attorneys
You do what the order says you have to do. If you want to modify the order, you file the appropriate motion with the court.
You must follow the order until you or another party goes back to court to change this. If your husband were to have left them with you for years, and you never went back to court to change the order, he could come back and demand those years of support from you even though they were living with you. Therefore, keep paying him until you have filed a change of custody case on the basis that he no longer has the kids, gotten a court order giving them back to you, and received an order making him pay you support.
You must do exactly what the court order says until and unless you file and get a modification. See a lawyer if you want to do that.
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