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Archive for the ‘Child Custody GA’ Category

Modifying Child Support in Georgia

Monday, November 21st, 2011

Georgia Child Support Modification Making sure that child support payments are adequate and fair according to Georgia law is a top priority during the divorce process, and our experienced Atlanta child support attorneys can certainly assist you with this process. But what if you have already completed divorce proceedings and have established child support payments, but need to adjust what you pay? Modifying child support payments in Georgia can be done, but you need an experienced Atlanta divorce attorney to help you with the details. The main reason why a client wishes to adjust child support is due to some sort of drastic change to a person’s material/financial situation.

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Child Custody and the Holiday Season

Friday, November 18th, 2011

Holidays Georgia Child CustodyWith the holiday season coming up, Thanksgiving rapidly approaching and the holidays of various faith traditions celebrated in December, it’s important to have child custody arrangements set in place. Working these details out with an experienced Atlanta divorce lawyer can avoid a great deal of stress and confusion, especially during the busyness of the holidays. Our attorneys will help you determine a Georgia child custody schedule that will be amenable to both you and your former spouse.

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Posted in Child Custody GA, Child Visitation, Georgia Child Custody | No Comments »

Divorce and Revenge

Wednesday, November 16th, 2011

Revenge DivorceThere are many valid reasons to get a divorce. Your spouse may have wronged you in many tangible and intangible ways. You may feel like the best way to get back at your spouse is to file for divorce. But it’s important to keep in mind that revenge alone is not a good reason to get divorced. You may have valid grounds for getting a divorce in Georgia according to law, but revenge isn’t one of them.

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Georgia Child Support Evasion: Most Wanted

Friday, October 14th, 2011

Imagine that you are a victim of Georgia Child Support Evasion – a victim that struggles to make ends meet every day while simultaneously trying to provide his or her children with the quality of life they deserve.

Unfortunately, if you’re reading this, you may not have to imagine it at all. According to data collected by The U.S. Department of Health and Human Services in 2009, the total amount of late and unpaid Georgia Child Support was $2,471,650,925! Even more disturbing is the fact that this number was actually a 5.1% decrease from 2008 (U.S. H.H.S State Boxscores). In some cases, the problem becomes so severe that the single parent can post the name and information of the delinquent mother or father on the Most Wanted Georgia Child Support Evaders list. To be on this list, the following criteria must be met:

  • Arrears (amount owed) must be more than $5,000
  • No payments have been made within the last 6 months
  • The Division of Child Support Services has used all possible location resources

Sadly, the real victim in Georgia Child Support Evasion is ultimately the child. If your children are suffering because one of their parents is running away from their responsibilities, know your rights! Contact a Georgia Child Support Lawyer as soon as possible to fight for your child’s best interests. You may be the only one who is.

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Posted in Child Custody GA, Child Support GA, Family Law, Georgia Child Custody, Georgia Child Support, Georgia Family Law | No Comments »

When Support Fund is Used Other Than Intended Purpose…

Wednesday, February 16th, 2011

Way back in 2000, Diana Gowins got pregnant and bore twins fathered by a multimillionaire lawyer, Gary. A monthly support burden of $28,000 was awarded to the twins, where a portion of the funds go to the children’s college funds. After a few years, Gary found out that the $28,000 he has been giving is not being used properly. Gary claims that he discovered that Diana stopped putting money into the college fund of his biological children and invests most of the support funds on her own self. Gary’s lawyers pointed out that Gowins, who resides in a $600,000 home is buying a lot of designer clothes, bought a Sherwin piano, took cruises with his current boyfriend minus the twins and had a tummy tuck operation. Instead of investing the funds for the twin’s future, Diana is also using the support money for private school tuition and diamonds for her oldest daughter, a teenager from an early relationship, rather than use the funds on her kids.

Fulton County Superior Court Judge Cynthia Wright decided in Gary’s favor and awarded a reduction of the support from $28,000 to $5,000 in November 2005. The superior Court Judge told Diana Gowins who is a former nurse to work for a living and watch her lavish spending but she refused to do the court’s advice and pointed out that she has the right to be a stay-at-home mother. She appealed the decision to the court of appeals.

In 2007, The Georgia court of Appeals reversed the decision of Judge Wright and ordered Gary to pay $300,000 to Diana Gowins to get caught up in the monthly support and start paying $28,000 a month again. Gowin’s lawyer argued that Gary makes more than $13 million a year so the $28,000 he gives out monthly is just in proportion to a man who pays $280 a month as support if they earn $130,000 annually.

Kenny Shattan, Gary’s lawyer, appealed the Appellate Court’s decision to the Atlanta Supreme court for finality (CA No. A07A0979: Gowins vs. Gary).

Disclaimer: Our blog moderator occasionally allows guest blog post authors to post blogs of interest on our blog. The above blog post is a guest blog post. The author is not an attorney and is not affiliated with this or any law firm. This post should not be mistaken for legal advice. You should not act or rely on any information in this blog without seeking the advice of an attorney.

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Posted in Child Custody GA, Child Support GA, Family Law, Georgia Child Support | No Comments »

Jackson County Divorce Attorneys | Divorce Lawyers Jackson County Georgia

Monday, August 9th, 2010

Divorce Attorneys Practicing in Jackson County GA | Kitchens, New & Cleghorn, LLC

Divorce is an area of Georgia Family Law that requires a nuanced approach by an experienced family law attorney. At Kitchens, New & Cleghorn, LLC, our divorce attorneys have helped clients in the Jackson County area with the difficult process of divorce and all family law issues related to it. Our Georgia  law practice works on the conviction that family law issues such as divorces should be resolved quickly, amicably and efficiently, with a goal towards resolving matters through negotiation and mediation and lastly, forceful litigation if all else fails.

The Jackson County Divorce Attorneys at Kitchens, New & Cleghorn, LLC, GA give you the level of dedicated and respectful service that comes out of a practice built upon the values of public service and being a part of your community. Our Jackson County divorce attorneys understand the emotional trauma divorces in the family can cause. Our lawyers recognize that during separation emotions usually run high, and try to work with them, taking into account the goals and wishes of each individual client.

When you come to us during a divorce, you have decisions that must be made and questions that must be answered. You may wonder what type of GA child custody arrangements will be made with your children, or how much child support you will pay, or will receive. Our divorce lawyers are intimately familiar with the Jackson County family law courts, and will help you identify the unique aspects of your case and help you get what you are looking for.

A cooperative approach is generally the best way to resolve a divorce case, especially when child custody and child support matters are involved. Mediation moves a couple away from a delicate and awkward setting and into an environment where both the spouses can work together to resolve the issues. This not only saves relationships, but also saves money and time. At Kitchens, New & Cleghorn, our divorce lawyers will provide you with the impartiality you need to find legal resolution and personal closure.

As circumstances in life change, modifications in support and custody may be needed. Whether it involves a new job, new marriage, or a move to another state, we will assist in resolving the issue as quickly as possible through either mediation or litigation.

Contact our Jackson County divorce lawyers today and file your divorce with confidence. If you wish to speak with one of our attorneys, either fill out the brief form to your left, or feel free to give us a call.

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Posted in Child Custody GA, Georgia Family Law | No Comments »

Visitation Rights of Grandparents in Georgia

Wednesday, February 3rd, 2010

In recent years the issue of a grandparent’s right to seek visitation has been a controversial and propagating phenomenon.  Prior to former president Clinton’s signature of the Visitation Rights Enforcement Act in 1998, grandparents were awarded visitation rights only within the state they resided.  If the custodial parent were to move to another state the grandparent would be faced with additional litigation to exercise their rights of visitation in the child’s new state of residency.   The passing of the Visitation Rights Enforcement Act enabled grandparents the right of visitation without regard to which state the child resided.

Although the act grants visitation rights to third parties no matter the child’s location within the United States, states interpret the act differently leaving grandparents without guarantee of their ongoing access to a grandchild.  To seek child custody or visitation rights in Georgia, grandparents can file an Original Action for Visitation or become involved in an existing case for custody, divorce, adoption, or termination of parental rights.

However, it is important to note that in the landmark U.S. Supreme Court case of Troxel v. Granville in 2000 the court ruled that a fit parent will be awarded the exclusive legal right to determine who visits their children.  In Georgia, the Supreme Courts have ruled that requiring grandparent visitation may violate a parents’ right to raise a family without interference.

The visitations right of grandparents and third parties remains hotly debated and presents difficult and complex legalities.   We advise speaking with one of our Atlanta family law attorneys if you are experiencing a visitation or custody issue. Our attorneys can advise you of your rights and responsibilities, and help you determine the best course of action for you and your family. We look forward to working with you.

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Posted in Child Custody GA, Georgia Child Custody, Georgia Family Law | 7 Comments »

The Relocation of Children After a Georgia Divorce

Saturday, June 27th, 2009

In our society where people tend to move several times during their lifetime, it is not uncommon for parents to want to relocate after a divorce. The relocation of children after a Georgia divorce can be a hotly contested issue. If a custodial parent is permitted to relocate with their children, the non-custodial parent may not be able to see their children as often. On the other hand, if a custodial parent is prohibited from relocating with their children, they may be missing out on a better job opportunity or the ability to be closer to other family members.

Issues regarding the relocation of children after a divorce usually come before a court in the form of a change of custody action. In the 2003 Georgia Supreme Court case of Bodne v. Bodne, the court stated that a custodial parent who decides to relocate does not have a prima facie right to retain custody. 277 Ga. 445 (2003). On the other hand, there is also no presumption that the relocating parent will lose custody. Rather, the court, as always, is guided primarily by the standard of what is in “the best interest of the child.”

Ideally, if one party to a divorce wants to move, the parents will be able to come together to reach an agreement they can both live with. This can help minimize resentment and hostility. If the parties leave it up to the court to decide the child custody issue, the court will make the determination on a case by case basis focusing on a number of important factors including but not limited to the child’s relationship with the non-custodial parent, the child’s ties to the community, the child’s age, the parent’s reason for relocating and anything else the court finds relevant.

In sum, when determining whether or not a parent will be permitted to relocate with their child after a divorce, the ultimate standard will be what the court finds to be “in the best interest of the children.” With so many variables involved in this determination, we highly recommend you speak with one of our experienced Atlanta divorce lawyers to help make sure that your rights, and the rights of your children, are well-protected during your relocation proceeding.

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Posted in Child Custody GA | 6 Comments »

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