Mom's remarriage vs dad's child support obligation

[mmraham969]

Jurisdiction

Georgia

My daughter has been divorced from her ex for a couple of years. Both have moved on with their lives: he has moved his girlfriend into his house, and my daughter got married this weekend.

We expected this might cause him to try to adjust his child support requirements. He stated (in a text message) that, her re-marriage "changes child support.... I would like to look into a savings for the girls...."

He has been paying child support directly to my daughter for the support of their children and, only the prospect of jail time has kept the payments on time. We suspect that his intention is to re-direct some of the money that he has been paying directly to the mother of his children, for the children's benefit, into an account with his name on the account. My daughter did not request alimony, so there is no alimony payment. The child support agreement states he will pay the agreed-upon child support until the children are age 18, and have graduated from high school. And the child support he pays (with mom's agreement) is considerably less than the amount specified by the State of Georgia's computation formula.

To Recap: In the State of Georgia, does a new marriage change the amount of child support in any way? And, can he re-direct any of the existing child support into a savings account for the children with only his name on it, without their mother's consent?

 

[Zigner]

To Recap: In the State of Georgia, does a new marriage change the amount of child support in any way?

Not in-and-of itself.

And, can he re-direct any of the existing child support into a savings account for the children with only his name on it, without their mother's consent?

Can he? Yes. HOWEVER, that won't count as him paying child support.

EDIT:
To be clear about the marriage affecting child support: If the parent decides to become voluntarily unemployed after marrying the new spouse, that won't mean that child support goes up either.

 

[mmraham969]

Not in-and-of itself.
Can he? Yes. HOWEVER, that won't count as him paying child support.
This is what I expected. However, having no legal background, I've found that "assuming" things (and expecting any degree of logic in the legal system) won't necessarily produce the answer that will accurately and adequately address the situation.
EDIT:
To be clear about the marriage affecting child support: If the parent decides to become voluntarily unemployed after marrying the new spouse, that won't mean that child support goes up either.

My daughter has a long and strong record of employment with the same employer, in a medical career field. So, no, she's not looking at being "voluntarily unemployed."

I appreciate your quick response. Your answers are what I expected to hear, but--again--the answer you receive isn't always the answer that you expected.

 

[Zigner]

My daughter has a long and strong record of employment with the same employer, in a medical career field. So, no, she's not looking at being "voluntarily unemployed."

I appreciate your quick response. Your answers are what I expected to hear, but--again--the answer you receive isn't always the answer that you expected.

You're welcome - I wasn't implying anything about either of the parents, rather, I was simply clarifying my meaning.

 

[army judge]

In the State of Georgia, does a new marriage change the amount of child support in any way?

The GA DCSS portal explains it all:

https://services.georgia.gov/dhr/cspp/do/public/CSProcess

GA DCSS FAQs:

https://services.georgia.gov/dhr/cspp/do/public/FAQ

He stated (in a text message) that, her re-marriage "changes child support.... I would like to look into a savings for the girls...."

There is no need to respond to every message sent to you by an idiot.

He is free to look into anything he wishes.

If he violates to existing court order, your daughter should simply contact DCSS or hire a lawyer.

And the child support he pays (with mom's agreement) is considerably less than the amount specified by the State of Georgia's computation formula.

That could be a problem for the male.

If he is paying money outside the court order DIRECTLY to the mother, such monies don't count as child support.
The monies he gives mother will be considered GIFTS, not child support.

If he has been doing that for years, he is thousands of dollars behind in child support.

On the other hand, your daughter should be reporting those payments as INCOME to the IRS and GA tax authorities.

You might wish to advise your daughter to see a licensed GA family law attorney because she is sitting on a ticking, time bomb.

She might also wish to consult a CPA or enrolled IRS agent, if she has been misreporting her income.