Legal Question in Family Law in Georgia

Re: Do I Pay support if child lived w/me?

As a general rule, you are required to pay support as provided in your order of divorce--$300.00 per month. Anything over and above the terms of the order is typically considered a gift and not the payment of child support. And you could be held in contempt for your failure to do so. Contempt is typically punished by jail time until payment is made. Although, there are some circumstances that are in your favor, as far as the contempt goes. I would certainly argue that you are entitled to some type of set-off or credit for supporting her and your children after your divorce. Whether you would have to pay the whole 11 thousand all at once or a portion of it now with installments over time depends on your money situation, the jurisdiction, how charitable the judge was that day, etc. I realize you dont look at it from her perspective, but your ex-wife has the pity factor going for her bigtime--she's on welfare b/c you havent been supporting her, etc. It would be better to look at this from the perspective of her stability and ability to care for her children.

What your ex-wife makes or doesnt, or that she has no expenses is not an issue--only your lack of payment would be. And no, having a child out-of-wedlock or teaching that it is ok for a child to be born so, isnt that type of immorality required to change a custody ruling.

If you are worried about where this situation could take you then I would highly recommend retaining an attorney. [email protected]