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Divorced in GA 1999. 2 kids. Each parent making 40K. Mom gets joint legal, primary physical custody. Dad pays 25% in support. Verbiage in Settlement Agreement states that if kids switch residence "child support for that child will terminate (or be paid to the other party as applicable per the pro capita rate). Mom has no income since 2000, remarrying, having two more children, one special needs. Stay at home mom. Kids move in with dad in 2007. Mom has no income and pays no child support. Dad didn't ask for it. No court documents filed changing CS or visitation. . 2010 one kid moves back with mom. 2012 2nd kid moves back. Dad starts paying child support again once 2nd child moves back in with mom. Dad just served Mom citing contempt for not paying child support for the three years both kids were with him. Can he do this?
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Wrongful Death Attorney serving Canton, GA
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If the Court Order requires that you pay if the children change their residence, the yes he can pursue a divorce. If the Order is silent as to what happens if the children change their residence and there was no modificaton of the original Order, then he wold still owe you for the time the kids lived with him.
Answered on Feb 04th, 2013 at 3:25 PM