What happens to child support and arrears if a child moves in with the party who is supposed to pay?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens to child support and arrears if a child moves in with the party who is supposed to pay?

My ex-husband wages are garnished and he is paying arrears to me in GA. 2 children decided to live with him in MN as of 2 months ago. What happens to the arrears?

Asked on September 5, 2011 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The arrears may wind up being eradicated during the time period they are staying or living with him. Now this is certainly not automatic so do not panic. Your ex-husband will need to go back to court to amend the order on the following: custody and child support. Until he does that, you need to inform him that he still owes child support (even those in arrears) and cannot legally keep the children with him if he doesn't have some sort of custody of the children. This is important especially for health insurance, doctor's visits, school and any other location and service that requires the custodial parent to have information or give permission.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption