Legal Question in Family Law in Texas

Change in living arangements

We recently moved to Georgia and my husbands boys moved with us. Their mother was planning on moving to Georgia the first of November. She just informed us that she will not be moving to Georgia and the boys can stay with us. Should we still pay child support for the boys since they live with us now?


Asked on 10/24/01, 9:27 am

1 Answer from Attorneys

Byron Sanford Briskin, Cross & Sanford, LLC

Re: Change in living arangements

The technical answer to your questions, is "yes", you must continue to pay child support until a court has modified the child support order to relieve you of the obligation to pay child support. That having been said, it is often (but not always) the case that Court's will give a parent who is obligated to pay support for a child, but who has physical custody of that child, credit agasint the child support obligation for being the custodian of the child, and not hold that person responsible for unpaid child support while the child is in the person's custody. The danger is, under Georgia law, the court is not REQUIRED to give this credit, so, if the child support is not paid, the court MAY hold the person responsible for the unpaid support.

The best course of action would be to have the courts of the state who issued the child support order modify the support order to recognize the change of custody and eliminate the obligation of the parent with cusotdy of the child to pay child support.

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Answered on 11/26/01, 11:05 am


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