Firm Profile
Family Law:
Divorce,
Child Support,
Child Custody,
Child Visitation,
Division of Property,
Modification of Alimony and Support Orders,
Legitimation,
Name Change,
Adoptions
Why do I need the services of an Attorney?
Before you decide to represent yourself in legal matters...Read This!
Often times people who try to file their own legal documents, in an attempt to save on legal fees, often end up creating more problems than they solve. When problems arise in court over improperly filed documents or the legal technicalities of jurisdiction and service, people with no legal experience are stuck not knowing what to do. In these situations, the judge will have no choice except to
Child Support
What is child support used for?
Who can be ordered to pay it?
When can a child support order be changed or modified?
How long must child support be paid?
How is the amount of child support determined?
Child Support
What is child support used for?
Child support covers everything a child needs, and even more, during the growth and formative years. Keep the following in mind: A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life; and Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent's living standard, child support must to some degree reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments will incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent's other relationships). Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. Children are entitled to share in non-custodial parent's elevated standard of living despite custodial parent's substantially lower income. Awarding supported children a percentage of a non-custodial parent's future bonuses insures they will share in this standard of living.
Who can be ordered to pay it?
A court can order either parent of a child to pay support to the other parent. The court order for support is usually payable on a monthly basis. Georgia now requires that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.
When can a child support order be changed or modified?
An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support order was issued. Georgia limits this to once every two years, from the date of the last order. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.
How long must child support be paid?
Georgia requires that child support be paid until a child's eighteenth birthday. If a child has not graduated from high school by the time of his eighteenth birthday, the child support obligation continues until he graduates from high school, but not past the child's twentieth birthday. A parent cannot be ordered by the court to pay for college expenses. If college expenses are made a part of an agreement between the parents, the court can enforce the agreement in a future action for contempt. Child support can also be terminated in the event of the death of the child, if the child goes on active duty in the armed forces, or if the child becomes emancipated or self-supporting.
How is the amount of child support determined?
Federal law now requires that the amount of child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.
I'm marrying a man who has children from a previous marriage. He regularly pays his child support. Since I earn more than my fiance can I be held responsible?
No, not in Georgia. However, for the time being, and for purposes of financial safety, set up and maintain separate savings and checking accounts. That way, your funds do not become commingled with your husband's, and a court, should the question ever arise, will always be able to calculate whose income is whose and where the funds came from.
I am a stepparent. Do I have an obligation to support the children from my wife's previous marriage?
No. You should not be responsible to provide for the children's support, unless there was an adoption or you agreed to provide support in a marital agreement.
I am the biological father of an illegitimate child born to a married woman who had agreed to abort the child. Do I have to pay child support?
A biological father is responsible for paying child support unless someone else adopted the child or his parental rights were severed by court action.
If the obligor parent doesn't pay, can visitation be stopped?
No. The child support obligation and the right to child visitation are two different issues. Failure to pay child support is insufficient grounds to stop the right of the obligor parent to visit with his/her child. Visitation is ordered by a court in the best interest of the child, to promote love and affection with both parents, custodial and non-custodial. Child visitation is vital to the non-custodial parent so that a meaningful relationship between child and parent can be established. On the other hand, child support is based upon the financial needs of the child and the ability of both parents to provide for these needs; thus is treated as a separate issue, and does not have a determinative effect upon visitation. The obligee parent must continue to allow visitation with the child despite failure of the obligor parent to pay child support. Although this may be very hard for the obligee parent to understand, if the obligee parent frustrates the right of the obligor parent to visit with the child, the obligor parent could ask the court to change custody of the child based upon this frustration of visitation even though s/he is delinquent in payment of child support.
Is child support suspended during summer vacations with the non-custodial parent?
No, unless the parents agree to a different amount during vacation periods when the child(ren) are away for long periods of time with the non-custodial parent or the order says otherwise.
My ex has threatened to file bankruptcy. What effect does bankruptcy have on child support?
Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be included as a debt and cannot be discharged in a bankruptcy proceeding. However, the filing of a bankruptcy petition automatically stops collection activities on a support order. Since there are legal procedures that must be followed in order to lift the stay regarding the payments, it is crucial to retain an attorney who has expertise in bankruptcies.
My income dropped dramatically when I was laid off my job and I cannot make my child support payments. Is there any way I can lower my child support payments?
Unexpected, significant decreases in income can be a reason to request modification of your child support order. Before incurring the additional expense of a court-mandated change, one route is to ask the other party to agree to a temporary reduction or deferral (if need be). If successful, put the terms in writing, sign, and date the document, preferably with the advice of a lawyer. If that doesn't work, ask the court to modify the amount of the child support owed in the future, explaining your major and unavoidable drop in your financial situation, that the income is not likely to be replaced soon, and why the change would be fair. Most courts are sympathetic and receptive to making necessary changes in child support when you have experienced a financial setback. Again, paying a lawyer to help can pay for itself dozens of times over.
What efforts can be taken to collect child support from the parent who does not pay?
When a parent fails to provide support for a child, the parents need to work together to make arrangements for mutual sharing of the expense of raising the child. For all parties concerned, the best solution is often found when parents work together. In the situation where one parent does not cooperate in sharing the responsibility for child support, the controversy should be submitted to a court. The first step is to obtain an order for the payment of child support. Further action in the court for the purpose of collecting child support can be taken if the obligor parent fails to comply with the court order for payment of child support. Like other enforcement of judgment actions, the available remedies range from simple to complex proceedings. Wage assignments: The most common tool used to collect child support payments that are not voluntarily made is through a wage assignment order. A wage assignment order is an order of the court directing the employer to deduct the child support payment from the earnings of an employee-obligor parent and then make this payment to the obligee parent through the Georgia Family Support Registry or through another county office of Georgia Child Support Enforcement. Violation of a wage assignment order could result in the employer becoming responsible for such payment to the obligee parent. Assignment orders can be obtained through a relatively simple court procedure. Once obtained, the wage assignment order must be served upon the employer of the obligor parent before it becomes effective. Enforcement action: When the obligor parent continually fails to make support payments, the total amount of the arrearage (payments due and owing but not yet paid) can be set as a judgment for further enforcement proceedings. Interest on the arrearage is often included as part of the judgment. The expense of an enforcement action to collect a judgment is justified as the amount due increases. When the obligor parent has income or property, there is a financial incentive to pursue efforts and, with the assistance of professionals, well worth the effort and expense. Attachment or levy: Child support can also be collected through other procedures. For example, if the obligor has money in a bank, a valuable automobile, an investment in a mutual fund, or an interest in a property in the possession of a third-party, an attachment or levy can be executed. When executing a levy or attachment, care must be taken since some property is exempt. In a levy or attachment proceeding, the court can have the property of the obligor parent seized or taken away and given to the obligee parent. Although the obligor parent may challenge the levy or attachment in court (claim an exemption), it can be very effective in obtaining payment of a child support judgment. Strict adherence to the established rules for levy and attachment is required to protect an obligee parent from an allegation of theft of property.
What if the obligee parent does not spend any money on the child?
This is a very difficult issue to resolve. One hand, the obligee parent has the right to spend child support money as s/he sees fit, in the best interest of a child. On the other hand, the obligee parent has the obligation to provide for the best interests of the child. If the obligee parent is derelict in meeting his/her parental responsibilities toward the child, and the child's needs are not being met, s/he could be charged with child abuse or neglect. In extreme cases, this abuse or neglect would be grounds upon which a change in custody, in addition to a change in the obligation to pay child support, would be proper.
Divorce
What is a "no fault" divorce?
A "no-fault" divorce is one where the spouse suing for divorce does not have to prove that the other spouse did something wrong. Georgia allows divorces regardless of who is at "fault". To file for a "no-fault" divorce, one spouse must simply state that the parties have "irreconcilable differences with no hope of reconciliation", meaning that they are no longer able to get along on the smallest details of everyday life.
Can a divorce action be stopped by one of the spouses?
A "no-fault" divorce can't be stopped by a spouse, because objecting to the other spouse's petition for divorce is itself an irreconcilable difference that would justify the divorce. However, a spouse could potentially stop a fault divorce by either convincing the court that he/she was not a fault or by using any of the following defenses. 1.Condonation - implied approval of another's activities by treating the person as though the offense were never committed. Example: If one spouse committed adultery and the other never objected to it, the offending spouse could say that the other spouse condoned the behavior. 2. Connivance - setting up a situation so that the other person commits a wrongdoing. Example: inviting the offending spouse's lover over then leaving them alone together for an extended period of time would be considered conniving an adulterous behavior. 3. Provocation - inciting of another to do a certain act. Example: If one spouse sues for divorce on the grounds of cruel treatment, and it is later proven that he/she provoked the other into committing the act, the petition for divorce can be stopped. 4. Collusion - secret agreement or cooperation between the spouses designed to deceive the judge. Example: There is no waiting period of separation between the spouses before a "no-fault" divorce can be filed, in Georgia. In some other states, the couple must wait months or years, before a "no-fault" divorce can be filed. If a couple doesn't want to wait through the required separation period, one manufactures a "fault" with the other and files for a fault divorce.
What is involved in starting the process for a divorce or legal separation?
The first step would be the filing of a properly executed petition with the appropriate court. The petition must be filed in the county where the defendant (the person against whom the petition is filed) resides. Divorces are always filed in the Superior Court, in Georgia. The plaintiff (the person filing the petition must be a Georgia resident for at least 6 months, before the petition can be filed. The court must have jurisdiction over the person of the defendant, in order to hear the matter and grant the Final Judgment and Decree of Divorce. If the defendant lives out of the state of Georgia, a Georgia court cannot grant a divorce, unless: 1. The defendant submits himself/herself to the jurisdiction of the Georgia court, by signing an Acknowledgment of Service and receiving a copy of the divorce petition, or 2. The defendant is personally served with a copy of the divorce petition by a county sheriff or process server.
What can I do, if I cannot locate my spouse, but I still want a divorce?
Georgia allows a divorce to be filed with service by publication. In order to be allowed to publish a notice of the divorce in the legal newspaper of the county of your residence, the court will first require you to sign an affidavit showing that you have done everything possible to locate your spouse. In your affidavit, which must be filed with your divorce petition, you must list all sources you have contacted and the information you obtained from them. The sources you must contact usually includes: relatives, friends, past employers, past neighbors, etc. If you have no other sources, computer databases can be used to gain information. If the spouse's current address is found, during your investigation, he/she must be personally served, by a county sheriff or process server, with a copy of the divorce petition.
How long does the process take to obtain a divorce?
In Georgia, the divorce petition must be filed in the court for a minimum of 30 days. If the parties can agree on all issues and the defendant has acknowledged service, the final divorce can usually be obtained shortly thereafter. If there is difficulty in getting the defendant served and/or if there are contested issues involved, it can be several years before the court can resolve all of the issues involved. The decree of divorce has full effect as soon as the judge signs it.
What about the divorce kits and preprinted forms that are available?
Family law is a complex area of the law, which is not well served by simplistic forms that do not address all of the issues and areas concerned. The problems created by individuals not well versed in the law, or not consulting with appropriate legal counsel to review the facts and problems of each individual case, can sometimes be hard or impossible to solve, even for the best lawyers. The lasting effects of decisions made in haste without proper advice would militate against the use of such forms.
How are Custody and Visitation issues decided?
No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. Rare is the divorce, separation or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality. Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement, if that is possible. A decision made by a stranger is rarely completely acceptable to all, if the attempt has not been made in earnest. Mediation is now required by most family courts in Georgia, to attempt to bring warring parents together for the purpose of resolving the issue of what is in the best interests of their children.
What is an annulment?
An annulment is a method of voiding the contract of marriage. If an annulment is granted, the result is that the parties are treated as if the marriage never occurred. An annulment can only be granted if the initial marriage contract suffers from a defect in the contract formation. Such defects include an underage party without parental consent, a party lacking the mental capacity to understand the marriage contract or fraud in the inducement of the marriage contract. An annulment can only be granted to the innocent party, or the party that suffers from the defect. Due to the difficulty in proving the grounds necessary to obtain an annulment, it is often easier to just get a divorce.