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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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IN the state of georgia is a parent still required to pay

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IN the state of georgia is a parent still required to pay support while a child is in the custody of The Dept of Juvenile Justice? My son in state custody while confined to a mental health facility not a jail. I must maintain our home for his return and I am his physical guardian and have joint legal custody from my divorce. I have raised him his entire life. The father wants to modify as he says I technically dont have custody.
Dear JACUSTOMER - Yes, child support is still required however in some cases the state will take the payments during the time the child is confined to help offset the cost of keeping the child. All of the back child support payments and/or expenses are still owed. So it is unlikely the father can get any relief from payments but the state may take some of the payments while the child is confined. There is nothing to negotiate since you can't control what the state does with respect to taking payments and otherwise you are entitled to the support.In order to change any support order a motion would have to be filed with the court.
What else would you like to know? You said I gave "poor" service but you didn't ask any follow up questions. Your question was whether support was still owed and I said it was so I'm a bit confused as to what I didn't provide that you wanted to know.
Customer: replied 3 years ago.

I want to know if this advice is specific to Georgia law. The state is not asking for any of the support but the Father is saying he does not want to pay based on the fact that our son is temporarily in the care of DJJ. Is this advice solid in my state?

Customer: replied 3 years ago.

I want to know if this advice is state specific to Georgia. The state of georgia does not want any money but the Father wants to stop paying for the son since he claims I dont have physical custody. I disagree since I must maintain this home for his return and I still have joint legal custody and have always had physical custody.

If you read our disclaimer you will see that we are not permitted to give specific legal advice or represent clients. The information I provided would apply in any state as to the state being able to take child support money whenever the child is in the care of the state. If the state doesn't ask then there's no problem. Unless the court order for custody was changed by the court you are still the legal custodial parent and you have the right to receive child support so long as the support order is in effect. Regardless of what you "negotiate" with the father it would still have to be approved by the court and if he files a motion with the court the court is not going to lower the support unless there is a change in incomes. Wherever a child is living he needs to eat and be housed so child support does not magically terminate because the child happens to be living away from home. The information is correct but neither I nor any lawyer can predict exactly what any court will do in a specific case. All I can tell you is the father is not going to get out of paying support, whether it is to you or to the state.
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