posted 01-31-2007 04:16 PM         

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I'm a single, never married, mother of a three year old daughter. I have had my daughter living with me ( though she spent three weeks at his parent's home for care), and have not asked for child support or any contributions on his part. I'm with a new man who pays rent, bills and takes care of my daughter and I. I am not employed for now, but in the process of finding part time work.

We are in Atlanta GA. Dekalb county is my residence and the county where the the court date is schedualed for the 28th of Feb. He has a lawyer, and is trying to get joint custody just because he knows he can't afford another child support payment. He pays about $60-$67 a week for a child in Mississippi which is taken from his less than $400 weekly check. He just wants joint custody because he can't/doesn't want to pay child support.

My questions are;
1.) Does being unemployed hurt my chances of keeping sole custody?
2.) Will this also effect how much per week I would get for CS?
3.) I'm in a position where I do not need the CS, but would accepting it anyways make me look like an unfit parent?
4.) I cannot afford a lawyer, I have been told by Dekalb county to wait for the court case to be heard... what info should I bring with me and should I use his past as an unfit father to gain favor from the judge?

posted 01-31-2007 06:09 PM            

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I don't know about Georgia laws, but I feel safe in saying that he's not going to be able to duck paying child support based on a shared custody arrangement. I think the two are regarded as separate issues. Support is support-- he'll be responsible for helping to help support her.

As for your living situation, I don't know if your total household income will count (because you're not married), or if they'll only count your income. In PA, the parent with the higher income pays higher child support. We share custody, but my daughter lives with me 100% of the time (he lives out of state). In our situation, shared custoday has had no bearing on support.

Your daughter is in what is legally called "the tender years," meaning she is very young and the legal system sees that she needs constant care (I think that translates into more support). I can't imagine that you being a stay-at-home mom would hurt your chances at custody. It might even help. Still, I'd be looking hard for a part-time job. That couldn't hurt, either.

posted 02-01-2007 09:51 AM            

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The child support isn't for you, it's for your daughter, and she deserves it. If you don't need it now, put it in a savings account and keep it for her for college.

Most courts look for a "substantial change in circumstances" before changing parenting plans or custody. It doesn't sound like anything's changed.

Even if you can't afford it, you need a lawyer. Call the Atlanta Bar Association at (404) 521-0777, let them know your situation.

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