Does the non-custodial parent have right not to pay child support if he’s unemployed due to injury?

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Does the non-custodial parent have right not to pay child support if he’s unemployed due to injury?

Asked on November 28, 2012 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He or she may be able to get the court to either temporarily reduce or suspend his or her child support obligations, or even to permanently reduce or otherwise modify them (if, for example, there is credible evidence the reduction in income is more-or-less permanent), but it requires a court order to do this. The non-custodial parent may not simply stop paying; if he or she does, he or she will be subject to liability and punishment. The way to address this situation is to go to court for a change based on the change in income.


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