When a Georgia court moves a child to the parent who was paying support, it can end that support in the same order. A change in visitation alone does not change support unless a parent asks and proves a basis for it.
Ending Support When Custody Changes
In Hasty v. Duncan, 239 Ga. 797 (1977), a 14-year-old chose to live with her father, and at his request the order moving custody to him also ended his support payments. Despite the mother’s demand for a jury, the Georgia Supreme Court affirmed, holding that the modification statute “has no application in situations where child support payments are terminated contemporaneous to a change of custody.”
In Ford v. Hanna, 293 Ga. App. 863 (2008), the parents agreed that a 14-year-old would move to the father, the other child would stay with the mother, and neither would pay support. The Court of Appeals upheld ending the father’s support for the child who moved, but vacated the new support terms for review under the guidelines.
Visitation Changes Are Different
In Lawrence v. Day, 247 Ga. 474 (1981), a father asked for custody, received only a change in visitation, and the judge raised his support on the court’s own initiative. The Supreme Court reversed: “no such petition was filed, no such relief was requested, and there was no evidence” of a change in his income and financial status.
Parenting Time
Under OCGA 19-6-15(k)(2), a parent may file again within two years of the final order on that parent’s last petition if the noncustodial parent “has failed to exercise the court ordered parenting time” or has exercised more than ordered. Under OCGA 19-6-15(k)(5), a custodial parent who wins an increase because the other parent was not available and willing to exercise ordered parenting time “shall” be awarded reasonable and necessary attorney’s fees and expenses of litigation. Court-ordered time counts in any recalculation, as our parenting time post explains.
Contact Us
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!