QUESTION

My husband was paying child support of $1800 a month for two kids for the past 2 years. His situation changed and he petitoned the court for a

Asked on Jan 30th, 2012 on Family Law - Georgia
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modification in July 2011. We went to court in August but nothing was finalized at that point because the kids were movig and his lawyer wanted to calculate the cost of airfare. In October he lost his job completely and both lawyers wanted to wait to finalize when he started working agian. He started working in December. The problem now is that the mom''s lawyer is now trying to have the modification only be in affect as of Feb 1, 2012. They are requesting he pay $1800 for Oct, Nov, Dec and Jan. Is this correct? Can he fight this? This doesn''t seem fair....any advise will be appreciated.
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1 ANSWER

First of all, the lawyers and the Court should have entered a temporary Order granting a temporary modification of his support obligation at the hearing in August.  If they did not enter a temporary consent order that allowed for a lower amount of support under the circumstances you described, it seems that someone dropped the ball.  The entire idea of filing a modification when income changes it to be able to assist the paying parent with their support obligation when they have less income than they had when the support obligation was first considered and ordered.  To leave him paying the same amount over a period of time he could not pay as much, if anything at all, is not what you filed a modification action for in the first place.  I suggest you have your Attorney file something to give a decrease in the obligation from the date of the hearing in August.  Someone was not diligent, based on the facts you describe. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com  
Answered on Jan 30th, 2012 at 9:53 PM

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