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.

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.

GA Petition For Divorce

The GA divorce process begins with the filing of a petition with the court. Your divorce lawyer will generally file the petition for divorce in the county where you reside, at which time the Sheriff or a Server of Process will deliver the petition to your spouse. Once the petition for divorce has been delivered, your spouse will have 30 days to file a response with the court.

Georgia Divorce Residency Requirements

In order to file for divorce in Georgia, a couple must generally live in the state for a minimum of six months.

Legal Grounds For a Divorce

Georgia is a no-fault state. Thus, there need be no “grounds” necessary to obtain a divorce, such as adultery or abuse. In order to petition the court for a divorce in Georgia, one must simply state that they believe the marriage suffers from “irreconcilable differences.”  Because no other grounds are necessary, if one spouse wants a divorce, they generally do not need the approval of the other spouse.

Of course, one can still file a fault divorce, and for various strategic reasons divorce lawyers sometimes do petition the court for a “fault” divorce.  Some of the common fault divorce categories are:

•    Cruelty
•    Adultery
•    Felony

The Division of Property

Generally speaking, courts generally prefer that the parties to a divorce work out an agreement on property division amongst themselves.  As one Fulton County Family Law Court Judge is rumored to have put it, “I don’t do furniture.”  Unfortunately, it is often the case that parties to a divorce are not able to work out the separation of assets among themselves, in which case a court will need to determine what is separate property and what is marital property, and then divide the marital property in a manner it deems “equitable.”

The Distribution of Debt in a Georgia Divorce

Disputes over the distribution of debt are becoming more and more common in Georgia divorces.  Generally speaking, just as assets and property are divided among spouses, so are debts.  Unfortunately, it is often the case that one spouse can ruin the credit of the other.  For instance, if both spouses co-signed a mortgage loan but only one of the spouses were responsible for paying that loan, if that spouse fails to make their payments the credit of the other spouse would be tarnished.  For this reason, our divorce lawyers often tell our clients to close any joint accounts they have with their spouse.

Georgia Spousal Support

GA alimony, also known as spousal support, can be permanent, temporary, or restorative, and can be paid via one lump sum or in periodic payments.  There are a number of factors that play into the type and amount of alimony payments required in a divorce, including but not limited to:

•    Length of the marriage
•    Income and assets of both spouses
•    Contributions to the home and rearing of children
•    Contributions by one spouse to the career or education of the other

Georgia Child Custody and Visitation

In Georgia, a “parenting plan” is now required for all divorces involving children.  Among the issues that must be addresses in each parenting plan are:

•    where the children will live
•    where the children will spend holidays
•    which parent will make decisions about the children

Georgia Child Support

In Georgia, child support is considered to be the responsibility of both parents.  The state legislature recently enacted Georgia Child Support Guidelines, which take into account a wide variety of factors in determining how much each parent will be required to pay.  The Child Support Guideline worksheet can be fairly complicated, and we recommend you consult with an attorney rather than trying to work through the worksheet on your own.

Georgia Mediation/Collaborative Law

Mediation is the process by which both spouses try to resolve conflicts through the help of a third party (a mediator) rather than through the courts. Generally speaking, each spouse is represented by their own divorce lawyer during the proceedings.

Final Divorce Decree

In Georgia, the final divorce decree is an order by the court that legally dissolves the marriage and contains decisions on all aspects of the divorce, including the separation of assets, alimony, and if children are involved, child custody and child support. Upon issuance of the final divorce decree, your Last Will & Testament in Georgia will be declared null and void.  One may also choose to restore their premarital name after the final divorce decree is issued.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia family law.  If you are considering filing for a divorce, or have already been served, we recommend that you speak with one of our Atlanta divorce attorneys sooner rather than later.  We are proud to say that our attorneys are among the most  knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews.  Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form.  Thank you and we look forward to working with you.

The issue comes up most frequently in the context of a divorce, if a child’s parent is deceased, or if the child has been living with the grandparents and the parents decide they want the child back.  A family law attorney will be able advise you on your specific situation.

While Georgia custody law generally favors the natural parents to have custody of a child, there are situations when courts will find that it is in the best interest of the child for a grandparent or other relative to have custody. To convince a court that a grandparent should have custody, the grandparent must show that (1) granting custody to the natural parents would harm the child and (2) granting custody to the grandparent would promote the health, welfare and happiness of the child.  This standard is generally met in cases where there is abuse, drug or alcohol addiction, or neglect.

If a grandparent petitions the court for visitation rights in Georgia, the court will look at (1) whether the child will be harmed if grandparent visitation rights are not granted and (2) whether visitation with the grandparent is in the best interest of the child. While Georgia family law does recognize the importance of grandparent-grandchild relationships, it is entirely up to the court to decide what is in the best interest of the child.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia family law.  If you have an issue regarding grandparents rights in Georgia, we recommend that you speak with one of our Atlanta family law attorneys sooner rather than later.  We are proud to say that our lawyers are among the most  knowledgeable and experienced in the state.  Click here to see our Credentials and Client Reviews.  Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Child Custody Homepage to fill out our contact information form.  Thank you and we look forward to working with you.

Parties to a Georgia divorce or other Georgia custody dispute can submit a Georgia Parenting Plan jointly or, if the parties cannot agree, each party can submit his or her own Parenting Plan. If only one party submits a Parenting Plan, the judge can accept that plan without input from the other party if the judge feels that the Parenting Plan is in the best interest of the child.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia family law and Georgia parenting plans.  If you have a Georgia child custody or visitation issue, we recommend that you speak with one of our Atlanta divorce attorneys sooner rather than later.  We are proud to say that our attorneys are among the most  knowledgeable and experienced in the state.  Click here to see our Credentials and Client Reviews.  Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form.  Thank you and we look forward to working with you.