Marietta and Metro Atlanta Divorce and Family Law Blog

Child Support and Visitation

Posted by Diane Cherry, Founder | Feb 27, 2021 | 0 Comments

Child Support

After a divorce is finalized, it is not uncommon to fight about child support and visitation.  Many people assume that if a parent is not timely paying child support, they should not be able to exercise visitation and parenting time with the children.

In Georgia, that is not the case.  If you are the primary physical custodian and the other parent is not paying child support, you cannot legally withhold visitation until payment is made.  While it may seem unfair to require normal visitation to continue even when a parent is not supporting the children, the law separates these obligations in recognition that children benefit from having a close connection to both of their parents. 

If you are not receiving court ordered child support from a former spouse, there are legal remedies you can and should pursue through the courts.  If you are required to pay child support but are unable to do so, you should immediately file a modification requesting that child support be reduced to reflect your current financial circumstances. 

Self-help remedies such as not allowing visitation or stopping child support payments may result in a finding of contempt and an order requiring you to pay attorneys fees to your former spouse.

 For questions about Georgia law on child support and visitation, talk to our experienced Georgi family law attorneys.

About the Author

Diane Cherry, Founder

I am an Atlanta area Family Law and Criminal Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

PEACE OF MIND, FOR WHAT MATTERS TO YOU

Separation and divorce are often the most difficult times of a person's life. We are dedicated to representing every client with integrity, dedication, and with the understanding that you are trusting us to help resolve your divorce or family law matter as if you were a member of our family.

Menu