Here are the circumstances under which you could expect to petition the court to modify child support payments in Georgia:

1. Losing your job or other substantial change in income. Since your original child support payment was arranged according to your income at the time of the divorce process, any significant change in your income could be grounds for modifying child support in Georgia. For example, if you lost your job since establishing child support payments, you should speak with one of our Georgia child support attorneys to see if your payments can be reduced to reflect your loss of income. This could also be the case even if you lost the job you had during divorce proceedings but found another at a significant decrease in wages. Our Atlanta child support attorneys can assist you in determining whether your change in income is substantial enough to warrant modifying your child support payments.
2. Changes in the cost of medical insurance. If for some reason you find yourself paying more for health insurance than you were when your child support payments were initially established, this could be a valid reason to have them modified to reflect this increase in cost (which essentially means a decrease in your income in some way).
3. Other specific situations. There are a few other unique situations which could result in a modification of child support in Georgia. For example, if there is a drastic change in the Georgia child custody arrangement between you and your former spouse, such as if you are currently paying child support but custody is transferred to you for whatever reason, you can speak with an attorney to attempt to legally terminate support obligations (since your child would now be living with you and you would be supporting them financially).

To discuss the specific details of your situation and determine whether modifying your child support payments is in your best interests, call, email, or fill out the form on this page to contact our Atlanta, Athens, and Alpharetta child support attorneys today for a free consultation.

Image courtesy Michael in San Diego, California on Flickr.

Here are a few things to consider regarding determining child custody visitation schedules in Georgia during the holidays:

1. Prepare to alternate. Unless there are important extenuating circumstances, such as one parent being considered by the court to be totally unsuitable to retain custody of the child at any time, one of the most popular child custody visitation arrangements in Georgia is to alternate holidays on a yearly basis. So if your children spend Thanksgiving with you this year, they might be required to spend it with your spouse next year. The same is true for other major holidays that you traditionally celebrate as a family.
2. Splitting time equally. Another popular option to consider is the provision under Georgia child custody law to simply split the time spent on holidays each year. This most often takes the form of the child or children having a Thanksgiving meal at one parent’s house earlier in the day, and then going to the other parent’s house for a second meal later in the day, for example.
3. Your children may have a say. Depending on the age of your child or children and the particular Georgia child custody schedule you work out with the assistance of our attorneys, your child may be able to state their preference in the matter. Again, this all depends on the particularities of your case and how skillfully an Atlanta divorce lawyer is able to guide you through this process.

If you’re wondering about how divorce might affect your ability to spend time with your children during the holidays, contact one of our experienced Georgia child custody lawyers for a free consultation. Simply fill out the form to the left and a member of our legal team will get back to you.

Image courtesy Brad Trump Photography on Flickr.

Here’s a few reasons why you should not let revenge be the primary motivation for filing for a divorce:

1. Children. You may be extremely upset by something your spouse did, but you might want to think about how the divorce proceedings will affect your children if you were to serve your spouse with divorce papers. As stated earlier, there are many valid grounds for divorce in Georgia, including committing adultery, physical or psychological harm, and several other reasons. But if your spouse bought that sports car or diamond necklace they’ve been eyeing, consider whether that’s enough of a wrongdoing that it would be worth putting your children through the stress and uncertainty of a divorce, including Georgia child custody disputes.
2. It won’t make everything “right”. A huge emotional factor that drives revenge is the feeling that you want to “get back” at the person who wronged you, to make them suffer as they made you suffer, and to somehow set things “right” by settling the score and making things even. But a divorce fueled by the desire for revenge doesn’t work like that. It won’t level the playing field of pain between you and your spouse. Divorce can’t be used primarily to set things right or pay back someone who deserves it. It’s a serious endeavor that revenge shouldn’t play a huge part in.
3. It may make things worse. Divorce isn’t meant to address the underlying issues in your relationship that caused the need for revenge to push you to a desperate situation where divorce seems like your best bet. Divorce is a legal process that is not meant to fix or solve any problem in your marriage; it’s only designed to end your marriage in the most legally fair way possible. So if you want to use divorce as a way to get back at your spouse, know that the issues driving you to seek revenge will still be there, and may even be exacerbated by defense mechanisms your spouse may employ during the shock of divorce.

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.

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.

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.

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.

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.