FAMILY LAW -- MODIFICATION OF CHILD SUPPORT, CUSTODY, AND ALIMONY
In Child Custody Cases, your conduct and communication matters. Do not compromise your custody case by making poor decisions impacting your children. Let The Mason Law Firm provide you critical insight.
The law allows parties to seek a modification of certain terms of their divorce decree including custody, visitation, alimony and child support should there be a change in circumstance that would warrant such a change.
In order to modify child support, there must be a substantial change in the financial status of either party. Change in status does not just mean change in income. The Court would look at other variables including change in debt amount, change in household, change in retirement accounts or any substantial change in either party's financial situation. If the Court finds there has been a substantial change in the financial status of either party, then the Court will proceed to calculate the new child support based upon the Georgia Child Support Law.
Be aware that should you and your ex-spouse make a written or verbal agreement to modify certain terms of the Divorce Decree, that agreement may be enforceable in a subsequent modification action and be made into an Order. If you and your ex-spouse are negotiating terms of a modification, seek immediate guidance from our firm to ensure the best possible outcome. We can provide you with an honest and tough assessment of your situation so that you know what is fair. It can be costly to sign a document or commit yourself to any agreement (even by e-mail) without having an attorney review the documents.
It is always beneficial to request each party exchange paycheck stubs, recent W-2 or other financial information prior to litigation.
In a Custody Modification action, the Court will look to whether there was a change in circumstance of the family that has materially affected the children's well-being and whether the modification is in the children's best interest. This legal standard is mushy and undefined. Generally, there needs to be some major change affecting the children that would warrant a custody change. The Georgia Court of Appeals and the Georgia Supreme Court has ruled on numerous cases of what does not constitute a material change. We work with clients prior to modification litigation to evaluate their life to see whether a modification action is warranted or should be anticipated by the defending party. Upon the review of the situation, we assist clients in guiding their case along even when litigation has not begun. It is critical to obtain guidance to ensure the best outcome even if that means preventing a modification action from being filed.
If your child is 11 years old or older and has made statements about with whom he or she would like to reside full-time, you should contact an attorney. A child's statement is more than an election. The statement is an indication of what is possible future litigation and should be taken seriously. A 14 year old may make one (1) election every two years of which parent he or she would like to reside primarily; however, the other parent may fight the election by proving to a court placement in the other parent's home is contrary to the child's best interest. The election may be sufficient grounds for a modification action; however, it is critical that you obtain immediate guidance regarding your child's election. Many times, an election by a teenager does not create an easy, low cost modification action. A parent must understand the modification process in order to understand what may transpire during this precarious teenage time period.
From an evidentiary perspective, the Court is looking to the current status of each party. The Court generally will not allow evidence about the status of the parties during the divorce litigation. The Court is concerned with what has transpired since the last ordered was entered.
Also be aware that some judges will not grant a temporary hearing for a modification action. During a Modification action, the same discovery tools available in the divorce proceeding are available for use including subpoenas, deposition, GAL, Child Custody Evaluator and mediation.
If you have been through a divorce, it is very likely you will be a participant in a modification action. Even after the divorce is final, you need guidance as to what to anticipate for a future modification. We work with our divorce client to provide them a road map of what to expect from the other parent and how to conduct themselves prior to the filing of any subsequent modification action.
Our Family Putting Your Family First
Our attorneys and our law firm makes a commitment to our clients — we provide effective reliable representation while helping you to understand the legal process. We know that filing for divorce, getting injured on the job, or being arrested for DUI can be an overwhelming experience. Let our family help your family. Contact The Mason Law Firm, LLC via e-mail or call toll free at 888-606-2394 or locally at 678-792-3354.
