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Temporary Change of Custody Issues

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  • 10-21-2009, 11:26 AM
    miamiseaturtle
    Temporary Change of Custody Issues
    My question involves child support in the State of: Georgia

    My husband is active duty in the Army. He received physical custody of his 2 children during his divorce three years ago. She was ordered to pay 75 dollars a month child support until she was able to find a job and was then supposed to report how much she was making for the amount to be adjusted. She has been working the whole time and never reported her income and has only made one payment of 75 dollars in the 3 years. He is deploying soon and his exwife took him to court and was awarded temporary custody while he is gone. We are upset because the children are very obviously better off here with me, but I have no rights to them no matter how bad of a parent she is. Now it looks to us like he is going to have to pay her an insane amount of child support while he is gone. (We are waiting to find out for sure how much) What are our rights here? It is not fair that we have taken care of the children with no help from her and now we are expected to provide her almost half of my husband's pay.
  • 10-21-2009, 12:06 PM
    CourtClerk
    Re: Temporary Change of Custody Issues
    You don't have any rights here, and the mother of the children has the right to care for her children in the absence of the custodial parent. Your husband will have to pay guideline support for his children while he's gone.
  • 10-21-2009, 01:58 PM
    Xena
    Re: Temporary Change of Custody Issues
    Quote:

    Quoting miamiseaturtle
    View Post
    My question involves child support in the State of: Georgia

    My husband is active duty in the Army. He received physical custody of his 2 children during his divorce three years ago. She was ordered to pay 75 dollars a month child support until she was able to find a job and was then supposed to report how much she was making for the amount to be adjusted. She has been working the whole time and never reported her income and has only made one payment of 75 dollars in the 3 years. He is deploying soon and his exwife took him to court and was awarded temporary custody while he is gone. We are upset because the children are very obviously better off here with me, but I have no rights to them no matter how bad of a parent she is. Now it looks to us like he is going to have to pay her an insane amount of child support while he is gone. (We are waiting to find out for sure how much) What are our rights here? It is not fair that we have taken care of the children with no help from her and now we are expected to provide her almost half of my husband's pay.

    The only thing that your husband can do will be to ask the court to order that the arrears that are owed to him are credited to the CS he will be paying her.
    Other than that, there's nothing he can do.
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