QUESTION

can you dirvoce someone without includng the chilfdren?? if you don't want child support.

Asked on Jul 22nd, 2011 on Family Law - Georgia
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can you dirvoce someone without includng the chilfdren?? if you don't want child support.
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Child Protection & Advocacy Attorney serving Cumming, GA at Cordell & Cordell, P.C.
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No.  In Georgia, a divorcing party with children is required to have a parenting plan.  The parenting plan provides the blue-print for child custody, support and visitation.  The right to child support belongs to the child, so a parent cannot waive the child's right to support, even if the primary physical custodian of the child doesn't "want" child support.  However, there are situations where the parents can request deviations from the presumptive amount of child support based on certain situations such as low income, education/medical related expenses, etc...  Ultimately, it is within the judge's discretion to decide whether or not to grant the request for a deviation.  I would recommend that you consult an attorney who can properly advise you with respect to the facts of your specific situation.   Diona M. Potter
Answered on Oct 25th, 2011 at 3:28 PM

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