Legal Question in Family Law in Georgia

i have been divorced for 18 months and our original parenting agreement stated that we had joint physical and legal custody with no child support as he would get them every weekend and 1 day a week. he has not been doing that since may and now i have asked him to agree so that we can file for the every other weekend visitation with state mandated child support. do i file a modification or contempt since he is not going by the original agreement? though i want it changed to every other


Asked on 2/08/13, 12:17 pm

3 Answers from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

This is fairly common. The non-custodial parent agrees to get the children often so that can get a parenting time deviation to reduce child support, then they don't. You need to file a modification to change visitation and get child support.

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Answered on 2/08/13, 12:32 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all you need a lawyer to review the language. More likely than not, you'll need to seek a modification.

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Answered on 2/09/13, 4:27 pm
Tahira Piraino Tahira P. Piraino

I am surprised there was no child support at all. Hopefully the two of you at least agreed to split expenses. In any event, if he is not exercising the schedule, you need to file a modification to change the schedule and file for child support. I agree with Mr. Holcombe. This is not uncommon. I suggest you speak with an attorney before proceeding.

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Answered on 2/10/13, 6:53 am


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