It is possible for the custodial parent to pay child support to the non-custodial parent. A recent ruling by the Georgia Supreme Court confirmed that this highly unusual arrangement was possible under Georgia law. The ruling also explained how calculations work for child support in shared custody. First, in child support in shared custody cases one [...]
If a party fails to do something the court has ordered them to do, the court can find them in contempt. Contempt most often arises over a failure to pay child support, but it can involve a failure to do anything that the court has ordered. Once a person is found in contempt they are [...]
"Jurisdiction" involves placing a case in the correct state. Should the case be in Georgia or another state? "Venue" involves placing the case in the correct county in Georgia. Should the case be in Glynn County or Camden County? There are two types of jurisdiction: subject matter jurisdiction and personal jurisdiction. In Georgia, the superior courts will [...]
Lee S. Ashmore specializes in divorce and family law. He has twenty years of experience in divorce practice. He has litigated over five hundred family law cases and negotiated and drafted hundreds of settlement agreements. Mr. Ashmore has extensive experience in divorce mediation. He has completed training programs in both general mediation and divorce mediation. [...]
Usually, income in divorce is simple to establish. We look at a person's paystubs, W-2's, and tax returns to determine income. But sometimes a person's income can be more difficult to determine. If someone has their own business, is receiving income "under the table," or has complicated financial arrangements that allow for hiding income we [...]
You are much more likely to persuade a judge if you understand what the judge needs from you. Judges are busy and have limited time to devote to your case. You want to make it easy for them to rule in your favor. Always try to do the following: 1. Be organized. Make sure you [...]
What on earth does "supersedeas" mean? When a trial court enters a final judgment, such as a judgment for divorce or a final order for child custody, either party has the right to appeal the judgment to the Court of Appeal. When the appeal is made the final judgment or order does not take effect. [...]
While divorce mediation is an effective approach to settlement in family law cases, it is not foolproof. Insurmountable problems can arise during divorce mediation that can frustrate settlement. Here are a few commons problems and ways to avoid them: Lack of adequate information. It is impossible to negotiate settlement when you do not know what [...]
Prenuptial agreements (also known as antenuptial agreements) are generally enforceable in Georgia. These agreements are typically used when people who have accumulated substantial assets marry later in life. Even though an individual's property accumulated prior to the marriage does not automatically become marital property subject to division, people sometimes wish to specify what property they had [...]
The perils of drafting settlement agreements was illustrated by a recent decision of the Supreme Court of Georgia. When efforts to save their marriage had failed, wife drafted a six page agreement in letter form. Both parties signed the agreement. The agreement provided for alimony as follows, "Up until all of our children have graduated [...]
Recent social science research has suggested that shared physical custody may be more viable than previously believed. Traditionally, sole physical custody to one parent was believed to be in the best interest of the child. Children were thought to be more attached to one parent and to benefit from the stability and continuity of sole [...]
A recent case illustrated the pitfalls for the unwary in drafting settlement agreements. The agreement provided that (a) husband would pay alimony until the wife remarried, and (b) after the wife remarried husband would continue to make payments until August 1, 2015, or until the wife's children from a prior marriage finished school, whichever came first. Wife [...]
Some divorces are settled fairly easily. The parties may sit down at the kitchen table and work out an agreement. The lawyers may be able to resolve differences between the parties with correspondence and telephone conversations. But if settlement discussions prove difficult, a mediator should be brought in to assist in negotiations. A divorce mediator [...]
Casa in Glynn County and Brunswick Georgia CASA stands for Georgia Court Appointed Special Advocates. They are trained volunteers who are appointed by Judge Roundtree of the Brunswick Juvenile Court. They are appointed to promote and protect the best interests of children who are the subject of proceedings in the Juvenile Court. These children have [...]
It comes as a surprise to many the child support does not automatically change when custody moves from sole to shared. With sole physical custody, the child lives with one parent and visits with the other parent, typically on alternating weekends and holidays. With shared physical custody the child lives about half the time with [...]
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