Child support obligations are a reality in family law cases. The law has made huge changes in the determination of the basic child support obligation. The best way to determine the amount of a potential or upcoming child support payment is to contact my office for a confidential consultation. My law office represents clients in all types of family law cases such as an Atlanta divorce, child custody, legitimization, contempt cases, uncontested divorces and protective orders.
Georgia Child Support Guidelines
The Georgia legislature has created a formula for determining the amount of child support required to be paid. The law has moved away from a percentage of the non-custodial parent’s income to a more complicated formula that includes both incomes and the percent each parent brings to the combined household gross income. Each party will need to fill out a financial affidavit to certify the specifics of your gross income to determine the basic obligation. Contact my office for a full discussion of how this would specifically change your child support decree.
One way parents avoid paying child support is by agreeing to joint physical custody. I say agree because no judge, in my opinion, would issue such an order unless it was under the most extreme circumstances. Because both parties would have equal time with the child, each parent would be assumed to have similar or exact obligations regarding the child or children. Hence, the court will not require child support in cases were parents agree to joint physical custody.
Modification of Child Support Obligations
Under Georgia law, one party can modify the divorce decree with respect to the child support obligations if a substantial change or a specific time period has passed. If you need to have your child support decree modified, contact my office today at (404) 381-8584 to get started.
Even though your Atlanta Child Support Attorney has filed a modification, the current child support obligation remains in place until the judge has a signed the modification order. Therefore, if you are filing to reduce child support, it is best to move quickly through the stages of litigation because the old child support amount would still be in effect.
Contempt for Not Paying Child Support
Failure to obey the court’s order is a violation of civil law. Not paying child support is a serious offense in the eye’s of the court. Generally, the court will allow the party that is behind on paying child support a short period of time to pay the other party or go to jail. I have seen many judges give a deadline of the end of the day to pay up entirely. As an attorney that handles child support cases in Georgia, I have seen my fair share go to jail for not being to pay my client. Although, there are ways to file for contempt, but not allow them going to jail as an option. You will want to have a private conversation with me about this if it is of interest.
See also our pages on Atlanta divorce attorneys and our legal article on uncontested divorce in Atlanta.
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Atlanta child support modification, Midtown Atlanta, Alpharetta, Buckhead, Decatur, Duluth, Dunwoody, Jackson, McDonough child support, Marietta, Sandy Springs and Stone Mountain. Representing Fulton County, Cobb County, Butts County, Henry County, Rockdale County, Monroe County, Lamar County, Gwinnett County and Dekalb County. Contact Joseph P. McClelland, III about Atlanta, Georgia child support and modification attorney representation.