SPARC Forums

My son and his ex have joint custody in Georgia. The kids live with her and my son pays child support. In 2002, she asked him to keep the kids for the year and not send child support. My son kept the kids for the year and paid no child support. This agreement was made without court's knowledge.

My son now is seeking full custody over seperate issues. He is concerned that his ex will now want the child support for 2002 that she gave up. Modified agreements are not enforceable.

Has anyone on this forum faced a similar situation?

He will probably run into a problem as far as the unpaid cs for that year.

Despite her agreeing to not have the money, he needed to get a mod on it back then. As far as the court is concerned, hes a year in arrears,, he MAY get a consideration depending on the state and judges fancy if he can prove the children were with him the entire year.

I would get all documenation you may have showing the child was with you for that year. That way you will have some recourse.

Good luck.

Make sure thatn the county in which you are filing for custody is the county that the child has lived in for over 6 months.  You situation is exactly like mine! Although, as soon as I filed because of abuse allegations, my ex wanted my daughter back.  And because my duaghter lived with me 5 not 6 months my ex got her back....  The longer your child resides with you the better your chance is in court because the courts like to see a child in stability.