Changes in State Law re: Child Support

[winker]

I have a question regarding the way child support is determined. If there was an amendment in the original custody and child support order dated 2001, and if the laws in my state changed in 2007 (significantly) and where the amendment executed in 2001 would not be legal or possible today as a result of the changes that went into effect in my state in 2007, does the 2001 amendment still stand or do the new requirements negate the 2001 document?

The Amendment to child support executed in 2001 relates to what would happen once the oldest child was emancipated, which occurred in 2010.
The Amendment attached future income by stating that after the emancipation of the oldest child, I would pay a fixed amount or 17% of gross salary (whichever greater) on the remaining minor child.

In 2007 Georgia law changed in some important ways that were not on the table in 2001.
1. the income of both parents is now used for a formula to determine child support amount.
2. the expenses incurred to transport the child, if significant, also taken into account. (the custodial parent left the country with my children in 2001 and moved to Canada)
3. They do not have citizenship in Canada, they are legal residents.
4. The jurisdiction for anything regarding the custody.visitation.child support is established as Georgia.
5. At the time the Amendment was executed, the custodial parent claimed an income of $500/month only. That has significantly changed since 2001.

 

[army judge]

I have a question regarding the way child support is determined. If there was an amendment in the original custody and child support order dated 2001, and if the laws in my state changed in 2007 (significantly) and where the amendment executed in 2001 would not be legal or possible today as a result of the changes that went into effect in my state in 2007, does the 2001 amendment still stand or do the new requirements negate the 2001 document?

The Amendment to child support executed in 2001 relates to what would happen once the oldest child was emancipated, which occurred in 2010.
The Amendment attached future income by stating that after the emancipation of the oldest child, I would pay a fixed amount or 17% of gross salary (whichever greater) on the remaining minor child.

In 2007 Georgia law changed in some important ways that were not on the table in 2001.
1. the income of both parents is now used for a formula to determine child support amount.
2. the expenses incurred to transport the child, if significant, also taken into account. (the custodial parent left the country with my children in 2001 and moved to Canada)
3. They do not have citizenship in Canada, they are legal residents.
4. The jurisdiction for anything regarding the custody.visitation.child support is established as Georgia.
5. At the time the Amendment was executed, the custodial parent claimed an income of $500/month only. That has significantly changed since 2001.

You need to discuss ALL of that with a lawyer in your county. The initial consultation is normally free.

This website doesn't provide people with tutorials, do extensive research, or even attempt to become involved with complicated matters.

Canadian citizenship is a red herring, even illegal residency wouldn't matter. How the kids were ever permitted to emigrate to Canada without both parents agreeing to the move is unusual. Most parents I know don't agree to inter-state relocations, much less cross border emigration.