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Shawn Bible - Lawyer in NW Georgia

How much child support will I have to pay?

 

Child support can be very complicated.  However, I will attempt to give some general information about how child support is set. Generally speaking, child support is set in Georgia based on the parties gross incomes.  Gross income is your income before taxes or other things are taken out.  The child support that is owed by either party is determined by putting each parties gross income into the Georgia child Support Calculator.  This calculator can be found on the Georgia Child Support Commissions website.

However, there are other factors that determine child support besides gross income.  The party who pays the children’s health insurance can be given credit for that expense. If one party has work-related day care expenses those may also factor into the child support amount. If you pay court-ordered child support for another child that is also if a factor in the child support calculation.

Other issues that come up in child support litigation are willful underemployment and the hiding of income.  An example of willful underemployment would be someone who has education or training that would allow them to make a high income but they choose employment where they make significantly less than they would if they used their education and training.  An example of hiding income would be someone who has a job where they receive cash under the table and they have failed to report that cash as part of their income.

So, child support litigation can be more complicated than simply putting both parties income into a calculator.  If you are facing a divorce or child support modification you should consult an attorney for agreeing to any child support amount regardless of which side of the case you are on.

Things have changed since my divorce and I think I need custody of the kids now. What can I do?

 

In any divorce involving children the court has to decide who will have physical custody of the children.  Generally speaking, primary physical custody means the parent that the children live with.  The parent not having physical custody has visitation rights.

But what happens if after the divorce is final things change?  Let’s say for example that a couple gets divorced with two children ages two and four.  At the time of the divorce the parties agree that it is best for the children to live with their mother and visit with her father.  However, what happens if after the divorce the mother becomes for whatever reason an unsuitable person to have primary physical custody of the children? For example the mother marries an abusive man or develops a drug problem.  In those circumstances, the father could file a petition to modify custody and argue that because of changed circumstances he is now the best person for the child to live with.

Another common example is a child turning 14 and deciding they want to live with the other parent. For example, a child turns 14 and decides for whatever reason they would rather live with their father. Georgia law states that in most situations a child over 14 can choose which parent they want to live with.  However, you still have to file a petition to modify custody and go in front of a judge to change the existing order.  It’s not enough for the child merely to decide who they want to live with and the court still has to issue an order.

There are some limitations for filing a petition to modify custody and the other side can fight the modification.  Therefore, if you think circumstances have changed enough and you think you need to go back to court then you should consult with an attorney first.

Modification of custody in divorce cases

 

When people divorce who have children one of the things the court has to determine is who has custody of the children.  Typically, the parents will share what is called joint legal custody.  However, the parent the child lives with will be awarded what is called primary physical custody. Generally speaking the parent with primary physical custody will be the parent that not only the child lives with but who gets to make most of the major decisions.  For example, the parent with physical custody will decide where the child goes to school and make other major decisions.  The parent with primary physical custody will also receive any tax benefits from having the child unless the parties agree otherwise.

However, after a divorce is final the court’s order can still be modified.  The court’s order can only be modified if there are changed circumstances.  This means that you can’t a year after divorce decide to go back to court and ask for custody unless you have a good reason to do so.  For example, if the parent who has custody develops a drug problem or gets arrested this would be grounds for the noncustodial parent the take action to ensure the safety of the child.  Other examples would be if one parent wants to move a significant distance away from the other parent or if the custodial parent marries an unsuitable person.  Another very common example is that the child upon reaching 14 wishes to exercise their right to elect which parent to live with.  There are of course many other reasons the noncustodial parent can go back to court and request to modify the original custody award.

If you think that circumstances have changed enough where a custody award should be modified then you should discuss it with an attorney and see what your options are.