Ask A Divorce Lawyer: Can child support be stopped if the child now lives with me?

Question: 

Can child support be stopped if the custodial parent in Georgia lets the child support office know that the child is now living with the other parent? I ask because I am the other parent and it was stopped, but then changed after my arrears balance reached zero.

 

 

 

 

 

Answer:
You need to consult a domestic litigation attorney licensed in your state as child support and procedures for terminating an income assignment vary from state to state.  Cordell & Cordell has attorneys licensed and located in Georgia who would be happy to help you.

The child support agency operates on Court Orders and generally will not accept stipulations from the parties that are not signed by the Court.  You should be mindful that the most recent Court Order is what controls your case right now.  If you and your ex have agreed to an alternative arrangement, you should talk to an attorney about submitting a Stipulation and Order for Modification of Placement and Support for the Court’s signature.  Once you have a signed Order from the Court, the child support enforcement agency will need to receive a copy.  You may also have to include in the stipulation your agreement on how any support that you have paid since the placement change (other than the arrears) should be settled.

 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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