Georgia parents may agree on a new child support amount, but the agreement cannot change support until a court reviews it and makes it an order, and support already due cannot be bargained away.
Only a Court Order Changes Support
In Robertson v. Robertson, 266 Ga. 516 (1996), the Georgia Supreme Court held that a modification action “is the sole means by which a child support award included in a divorce decree may be modified,” and that an agreement between parents “becomes enforceable only when incorporated in an order of the court.” Agreements that never became orders, and parents who simply stop following an order, are covered in our posts on new cases versus modifications and on whether conduct can change a divorce agreement.
Past-Due Support Cannot Be Compromised
In Robertson, the parents signed a “compromise agreement” purporting to fix the father’s arrearage at $12,500, and the trial court took their intent to compromise into account in setting the arrearage at $23,612.05. The Supreme Court reversed, because a reduction based on the parents’ agreement “would constitute a retroactive modification of the final judgment and decree.”
The Judge Must Review the Deal
In Wright v. Burch, 331 Ga. App. 839 (2015), after the child moved to the father’s home, the parents reached a consent order stating that no back support was owed and setting new support. The trial court enforced it. The Court of Appeals reversed the arrearage term, holding that the parents “were not empowered to reach a compromise as to any arrearage in child support payments already due,” and vacated the rest, because the trial court never considered whether the new amount was in the child’s best interest, as OCGA 19-6-15(k)(4) requires.
An agreed amount below the guidelines also needs deviation findings, as our post on waiving child support explains.
So put any agreement into a petition to modify, and have the court approve it before anyone pays less.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!