Legal Question in Family Law in Georgia
Judge VS Decree
My original decree is from 1999. I took my ex wife to court for contempt, denying visitation. On 09 2001 we stood before the judge and agreed to a decree modification. The judge also ordered that we change my child support from every two weeks to once a month. My ex later refused to sign the modification and now wants to go by the original decree. I have been doing as the judge ordered. Now after two years, my ex wants to go back to the origianl decree for child support schedule and amount. The original decree states she only gets child support during physical custody. I have tried to contact the judge to no avail. Since I went before the judge and she ordered the child support change, do I follow the judges order or the original decree because the modification was not signed by my ex?
2 Answers from Attorneys
Re: Judge VS Decree
I would not contact the Judge, as the Judge will be unlikely to give you legal advice and be annoyed. I am confused by the entire situation. You should have a binding court order the second modification, there's no "going back." No one but the Judge signs the order, your wife doesn't have to sign anything to be bound by that order. If you want to go back to the original, you'll need to do another modification. Go to the courthouse and see if you can find the court order for the second modification and see exactly what it says. I'm surprised you don't have a copy, especially if you had counsel.
Re: Judge VS Decree
The answer to your question depends on what the modification order states. Feel free to contact my office for further consulation on this matter.
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