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another child support question

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JiggSaw

Junior Member
What is the name of your state? GA

Here's my situation. I have a daughter with an ex-girlfriend I was never married to. My baby is 4 and I've supported her, but never through the courts. She is also 100% covered on my medical insurance. My ex has another baby (1 years old) by a guy she lives with. They are not married either. She doesn't work and wants to go to school. So now she wants to put me on child support. I have 2 jobs and live with my girlfriend and her child (not mine). We also share a bank account. Basically, I want to know what are my options and what can I expect. Do I have to bring bank statements and/or pay stubs? What if only 1 job is reported? What if one of my jobs is temp? How are my chances with custody? etc.
 
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Neal1421

Senior Member
JiggSaw said:
What is the name of your state? GA

Here's my situation. I have a daughter with an ex-girlfriend I was never married to. My baby is 4 and I've supported her, but never through the courts. She is also 100% covered on my medical insurance. My ex has another baby (1 years old) by a guy she lives with. They are not married either. She doesn't work and wants to go to school. So now she wants to put me on child support. I have 2 jobs and live with my girlfriend and her child (not mine). We also share a bank account. Basically, I want to know what are my options and what can I expect. Do I have to bring bank statements and/or pay stubs? What if only 1 job is reported? What if one of my jobs is temp? How are my chances with custody? etc.
It is highy unlikely that you will get custody of the child. What would be your reason for wanting to change custody because based on your post it seems as though you are trying to get out of paying support?
 

JiggSaw

Junior Member
Neal1421 said:
It is highy unlikely that you will get custody of the child. What would be your reason for wanting to change custody because based on your post it seems as though you are trying to get out of paying support?
I'm not trying to get out of child support. I've been supporting her the last 4 years. I am with my daughter each and every weekend. The reason would be that my ex doesn't work, wants to go to school full time, has another baby to care for, and her boyfriend is a truck driver that is rarely home.
 

fairisfair

Senior Member
JiggSaw said:
I'm not trying to get out of child support. I've been supporting her the last 4 years. I am with my daughter each and every weekend. The reason would be that my ex doesn't work, wants to go to school full time, has another baby to care for, and her boyfriend is a truck driver that is rarely home.
I think the point is, why does this concern you now, but not in the last 4 years? Neal is correct, your chances of custody are slim to none, your chances of paying child support are excellent. Alot of people work and go to school and have children, what her boyfriend does for a living is of no consequence. Alot of people have a child and a baby to take care of. What is your point?

You do need to be sure that this goes thru the courts, so that you will receive credit for the child support that you are paying, otherwise, if she files, you may be paying again, the court will generally not recognize any amount paid to her previous to the court order, and your support, may be considered a gift.
 
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MrsK

Senior Member
Has your child's mom had a job in the last 4 years?

If so, you can ask (if she takes you to court that is) that they impute her an income. They may or may not grant that BUT it could help to get the child support at a lower amt than you would pay if she is given an income of "0" for the calculations.
 

Neal1421

Senior Member
MrsK said:
Has your child's mom had a job in the last 4 years?

If so, you can ask (if she takes you to court that is) that they impute her an income. They may or may not grant that BUT it could help to get the child support at a lower amt than you would pay if she is given an income of "0" for the calculations.
It just depends on when it goes to court. As it stands GA does not calculate both parents' incomes, only the NCP's.

The law changes July 1st to include both incomes.
 

MrsK

Senior Member
Neal1421 said:
It just depends on when it goes to court. As it stands GA does not calculate both parents' incomes, only the NCP's.

The law changes July 1st to include both incomes.
Well, OP, hope that she doesnt file before 7/1, I guess.
 

Neal1421

Senior Member
JiggSaw said:
If she does can I go back to court in july?
No, you can't. Unless there is a significant change in your income, you cannot take it back to court until it is time for your case to be reviewed.
 

stealth2

Under the Radar Member
It is unlikely it would be heard before July. And even if it is, a couple of months isn't likely to provide an adequate reason to take it back to court. Plus, it's likely that they'll grandfather recent orders for a period of time.
 

JiggSaw

Junior Member
stealth2 said:
It is unlikely it would be heard before July. And even if it is, a couple of months isn't likely to provide an adequate reason to take it back to court. Plus, it's likely that they'll grandfather recent orders for a period of time.
What do you mean by "it's likely that they'll grandfather recent orders for a period of time"?
 

fairisfair

Senior Member
JiggSaw said:
What do you mean by "it's likely that they'll grandfather recent orders for a period of time"?
That they will go back and apply the new laws to already disposed cases. or apply them to cases set to be decided prior to the law taking affect
 
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stealth2

Under the Radar Member
JiggSaw said:
What do you mean by "it's likely that they'll grandfather recent orders for a period of time"?
That cases which have been disposed of during the past X months can not be reheard based on the new guidelines for X period of time. If everyone who had a CS order filed as soon as the new guildelines went into effect, the court system would be completely jammed up.
 

BelizeBreeze

Senior Member
O.K. let's back up a bit.

Georgia has always used a shared income model albeit in a different style. The confusion lies in recent case history .

In S03A0179. GEORGIA DEPARTMENT of HUMAN RESOURCES v. SWEAT et al. the Georgia Supreme Court ruled that unlike the decision in DHR v. Sweat CA# 2000 C 127, February 25, 2002, the current statute was not unconstitutional.

Therefore, as it now stands, the court may deviate with 5% of the calculated percentage of the non-custodial parents income but both parties income is used to determine the level of support model.
 

Ohiogal

Queen Bee
fairisfair said:
That they will go back and apply the new laws to already disposed cases. or apply them to cases set to be decided prior to the law taking affect
Wrong. What it means is that cases set to be disposed of (filed before July 1st) will use the old law and not the new law. You can't apply a recently passed law to cases already disposed of.
 

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