My son turned 18 in April, but I have continued to pay the full amount of child support for both of my kids. There is nothing in the order, but I asked the judge before his decree how long would I have to pay and he said until my son turned 18. My ex-wife approached my at graduation and asked me about drawing up a document stating that she and I both agree to pay half of my current payments since my oldest was now 18. She has drawn up the document, had notary stamp it, and mailed it to the appropriate courts in Decatur, GA. Is this legal or do we have to go a different route. I have been looking at websites and everyone is saying this can't be done. My current wife also submitted a letter on her kids father due to him being unemployed, and it was temporari
You will likely have to initiate a modification action if you want the current total amt paid to be reduced in light of the fact that one of your children has "aged out" of needing child support. Unfortunately, ordinarily, simply sending a letter to a gov't agency re: child support, for example, even if it is notarized and/or signed by both parties, for example, does not suffice. Therefore, you will have to initiate a court action to request that the c/s amt be reduced based on a "substantial change in circumstances," namely the older child legally becoming an adult.
Rather than attempting this on your own, I strongly advise that you seek legal counsel to assist you. Good luck.
Only a Judge can legally change your child support obligation, and it must be done by court order. This can be done by agreement of the parties, but the Petition for Modification and Consent Order must be filed and signed.
Ikemesit Amajak EyoFamily Law AttorneyAlpharetta, GA ·
A child support order can only be modified by having a new support order modified. If your ex-wife has filed a notarized statement agreeing to decreasing support, then obtaining an order of modification should not be difficult. But you do have to initiate an action to get that new order.
I hope this answers your question.
~ Kem Eyo
Samantha Ashley MillerFamily Law AttorneyAtlanta, GA ·
Yes, you will need to hire an attorney. If the parties are in agreement to modify the monthly amount of child support based upon oldest child turning 18 years of age and graduating high school, and if they can reach an agreement as to the gross monthly incomes, expenses for the remaining minor child, you can more than likely file an uncontested modification action. The parties cannot privately among themselves modify a Court's Order.
An attorney will need to review a copy of the Final Order and/or Settlement agreement if the same was incorporated entered in the prior action. You cannot just simply submit a letter to the Court and just simply cut the the amount of child support in half. You will need to hire a competent attorney, to draft Petition for Modification, the required Child Support Worksheets, Domestic Relations Affidavits, Child Support Worksheets, etc., proposed Final Consent Order to comply with the statute governing child support modification actions in Georgia.
