Legal Question in Family Law in Georgia
So my ex-wife and I bought a car while we were married (car is titled to both of us). We have a daughter together and since the divorce, I have been ordered to pay child support. One month before our divorce was final, my wife asked if I would allow her to drive the car and continue to pay for the car payment and car insurance every month in place of child support. I agreed to that and had a document signed and notarized showing that we both agreed to that. Now, almost 4 months later, she decides that she wants to contact child support enforcement services and say that I have refused to pay child support and is now after backpay of over $2200. Though our divorce was after our agreement, within the divorce decree it states "It appering that the parties have agreed to a payment arrangement which does not include an income deduction order and it appearing that this alternative arrangement is in the best interest of their minor child and that the party paying support has made timely payments or support previously required, then such alternative payment arrangement is hereby approved)! Since that is mentioned, does that mean my ex-wife cant come after me for back child support? any help would be great. it sounds to me like it covers our agreement.
1 Answer from Attorneys
As I am sure your lawyer told you, the divorce decree replaces prior agreements. If you wanted the car arrangement to be support, then all you had to do was put it in the decree.
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