When facing off against a soon-to-be former spouse in divorce court, it is essential that you – the client – discuss with your lawyer what issues are most important to you so your lawyer can prioritize your objectives and build a winning strategy. During a divorce proceeding, each side generally has limited time to present
Most couples see a divorce coming months or even years before they call a lawyer. The period leading up to the divorce filing is when you should take practical steps that will give you a sure footing and protect you in your new life. Money, children, and “the talk” are the issues that are likely
Final decree awarded primary physical custody to Wife, ordered Husband to pay child support based on Husband’s income of $12,500. Wife filed in Gwinnett in October 2008, Husband served two days later at marital residence in Gwinnet, where parties had lived for 20 years. Husband asserted his domicile and primary residence was in Cobb, where… Read More
Father petitioned for modification of custody and child support based on being unemployed. Downward modification of support that is retroactive to the date Father sought modification was not required, as Father only sought downward modification, and thus O.C.G.A. § 19-6-15(j) did not apply to keep child support from accruing. Trial court correctly imputed income to… Read More
Father sought upward modification of child support obligation, but Court found no evidence that Mother was able to earn in excess of her then-current salary. To sustain an award of child support based upon a party’s earning capacity, there must be evidence that the party has the ability to earn an amount sufficient to pay… Read More
Divorce judgment reversed where there was an $18 difference in child support amount between the Settlement Agreement and the child support guidelines. Trial court’s order failed to set forth mandatory findings for deviation from guidelines, and Wife’s voluntary agreement to deviation cannot cure this defect. Attorney’s fee award cannot stand absent required findings of fact… Read More
Father claimed that DFACS improperly placed him on child abuse registry after he entered a safety plan with Mother following allegations of child abuse. Safety plans are not agreements that may be enforced by DFACS; they are merely suggestions designed to prevent need for DFACS to take custody of the children who are subject to… Read More
Trial courts have the discretion to order a lump sum payment of child support obligations. While in the midst of a divorce, husband was caught with child pornography, accordingly lost his job and was living off his $422,000 inheritance. Husband pled guilty in federal court, and was sentenced to five years in prison. The court… Read More
Supreme Court acknowledged that there are contradictory lines of cases that dictate at what point in time awards of temporary alimony and child support cease to be effective after a final judgment awarding different amounts is appealed. Here, the Court held that, if not otherwise altered by the trial court, a temporary award continues in… Read More
The Court held that the trial court’s award to Mother of $70,224 in back support was an abuse of discretion, and that the trial court erred in refusing to consider the Child Support Guidelines of O.C.G.A. § 19-6-15 in its order regarding back-support. Mother had sued Father for past and future child support for the… Read More