WHY DOES IT MATTER?

Custodial or non-custodial: why does the designation matter?  Generally, the designation determines which party will most likely pay child support for the benefit of the child or children involved in the case.  Depending on your financial circumstances, this designation can play a vital role in your case.

TERMS DEFINED: O.C.G.A. § 19-6-15

A custodial parent is defined as “the parent with whom the child resides more than 50 percent of the time.”  O.C.G.A. § 19-6-15(a)(9).  Alternatively, a non-custodial parent is defined as “the parent with whom the child resides less than 50 percent of the time or the parent who has the greater payment obligation for child support.”  O.C.G.A. § 19-6-15(a)(14).

In most cases, the custodial parent will be the party receiving child support due to the child being in their physical care a majority of the time.  Although case law exists that states noncustodial parents may sometimes receive child support from the custodial parent, a noncustodial parent should always be wary of expecting the custodial parent to bear the burden of child support.

CONTACT US

Regardless of whether you are deemed the custodial or noncustodial parent, you need an experienced family law attorney in your corner to help you navigate these child support issues.  If you or a loved or a loved one have questions regarding parent designations or child support in general, give us a call today at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You may also submit a case evaluation request HERE.