What happens to child support and arrears if a child moves in with the party who is supposed to pay?

UPDATED: Sep 5, 2011

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What happens to child support and arrears if a child moves in with the party who is supposed to pay?

My ex-husband wages are garnished and he is paying arrears to me in GA. 2 children decided to live with him in MN as of 2 months ago. What happens to the arrears?

Asked on September 5, 2011 under Family Law, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The arrears may wind up being eradicated during the time period they are staying or living with him. Now this is certainly not automatic so do not panic. Your ex-husband will need to go back to court to amend the order on the following: custody and child support. Until he does that, you need to inform him that he still owes child support (even those in arrears) and cannot legally keep the children with him if he doesn't have some sort of custody of the children. This is important especially for health insurance, doctor's visits, school and any other location and service that requires the custodial parent to have information or give permission.

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