William C. Gentry

Attorney at Law | Marietta, Georgia

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Marietta Family Law Blog

An attorney can help you determine child support

Thanks to changes in Georgia a few years ago regarding child support, the amount of payment required is subject to a number of variables. Prior to the year 2007, child support was simply a predetermined percentage of the parent?s income, so you could be pretty sure of what you would be paying in child support, and there was not much you could do to change that amount.

Various factors can influence a child custody decision

Many children in Georgia grow up in families where their parents are no longer together. However, this does not necessarily mean they receive any less care or support. Often, parents still want to be a part of their child's life even if they are no longer on good terms with their other partner. Child custody arrangements aim to ensure that children are able to spend time with both parents, as long as those parents are willing and suitable to care for them.

In many cases, one parent will have primary physical custody while the other has visitation rights. Occasionally parents will have joint physical custody, meaning the child's time is split evenly between them. In either arrangement, it is often the case that both parents have legal custody, giving them an equal say on important matters in a child's life.

What happens in a high asset divorce?

It is tough enough to go through a divorce when you have few assets to divide one can only imagine what is required when there are a great many assets to be divided. Normally properties owned by either person before the marriage stay with that person. In Georgia nearly everything acquired during the marriage is community property and must be divided at divorce. But getting a divorce should not financially destroy you, by any means.

It is important to have the assistance of someone who is experienced in high-asset divorce. He or she can help with the equitable division of property and assist in finding assets that may be hidden from you. The right attorney can help discover the true value of your estate and protect assets you have spent your life working to earn.

Divorce agreements could change depending on circumstances

Anyone who has been through a divorce knows that life does not always move in a straight line. Sometimes there are bumps in the road, and things can change faster than you may think possible, leaving you in a strange place with few options moving forward. No matter how hard you try, you cannot predict the future, which can seriously jeopardize your divorce agreement.

A divorce agreement is made based on the circumstances of all the parties involved at the time of the divorce. This means that the amount one party pays in child support or the amount of parenting time each parent gets is based on the lifestyles that these parties live when the divorce is happening: things like income, location of residence and other such factors. Of course these factors may change somewhere down the line, and if these changing circumstances affect your ability to meet the demands of your divorce agreement, such as paying child support, you could have the agreement modified.

Controversial fathers' rights bill proposed in Missouri

Abortion is a very controversial topic in our society. The debate usually centers around to what extent the involved individuals get to choose: does the unborn child not have the right to choose whether it lives or not, and does the expectant mother not have the right to choose what happens in her own body. Very rarely is the choice of the father ever seriously considered, but that is precisely what one Missouri lawmaker is approaching.

A proposed bill in Missouri would require a pregnant woman to receive written and notarized consent from the father of the unborn child before getting an abortion. Victims of rape would be exempt from this law if it were to pass, but the same bill was proposed last spring and failed to become law. Still, there is always the possibility that the bill may become law this time around, and it has many women’s rights groups angry.

Enforcing child support orders in Georgia

Like every state, Georgia takes child support very seriously, including determining who must pay child support, how much they must pay and most importantly, ensuring that the owed child support is paid. This is important because child support is often a very hotly contested issue, with both sides lobbying about the numbers. Those who are owed child support often feel that they deserve more, and those who must pay often feel that they are required to pay too much.

Georgia’s Department of Human Services website has a detailed page that provides a step-by-step look at how child support cases are handled in Georgia. Within this webpage, the Department outlines the various ways in which support orders are enforced to ensure that non-custodial parents pay what they owe to provide for their child’s well-being. It also explains the consequences that non-custodial parents may face if they fail to obey their support order.

What does "fathers' rights" mean?

Fathers’ rights is a phrase that has been gaining popularity in the last few years, supported by years of data that seem to indicate a gender bias in custody agreements. While more women have been granted sole custody of children in the past, this is not necessarily indicative of a gender bias. It is important to remember that courts have always considered custody agreements that are in the best interests of the child. Unfortunately, this is a very subjective concept, and it does little to comfort fathers who cannot see their children often.

While Georgia often draws shared parenting time evenly down the middle, there are still some cases of one parent being granted more custodial rights. Gaining a better understanding of what courts look at can help fathers make a better case for their custodial rights and ensure that child custody is treated fairly.

Changing circumstances could affect your divorce agreement

One of the main reasons that people stress the most about their divorce case is because they are afraid the final decision will bear consequences that they will have to endure for the rest of their lives. While this may be true in some cases, it is not true in all cases. Both parties must adhere to the terms of their divorce settlement, but some of those terms are subject to change, namely child custody and child support.

It can certainly be disheartening to hear that you will only have partial custody of your children, even though Georgia courts often split parenting time fairly evenly, and you might grow concerned about how much of your paycheck is going toward child support. Fortunately, the courts understand that divorce settlements are made under certain circumstances, and if those circumstances change, so too could the divorce settlements. If you experience a significant change in your life, it could be grounds for you to modify your custody and support arrangement.

High-asset divorces can get messy

As unfortunate as it is, divorce is rarely a pleasant experience, and things rarely work out as easy as they should. In nearly every divorce case there will be battles over who deserves how much money or what kind of custody arrangement is fair to all parties. It may not surprise you to learn that the more that is at stake in a divorce, the more heated the divorce proceedings can become, as both parties want even larger pieces of the proverbial pie.

While there are no statistics that show just how serious these high-asset divorces can be, there are a few examples happening right now that run the gamut of divorce court battles. The head of Point72 Asset Management, who is worth nearly $11 billion, has been divorced from his wife for about 25 years. Despite receiving $3.5 million in the divorce, she still claims that she is owed approximately $3 million from their settlement, and the former couple have been in and out of court battles ever since.

Study rates child custody statutes low across the country

Child custody has always been a hotly contested topic in divorce cases as neither parent wants to sacrifice time with their child. In recent years, many men have taken up the banner of fathers’ rights in an effort to combat what they perceive as a gender-biased court system that often sided with women in custody issues. In 2014, we like to think that the country has become much fairer with its custody arrangements, but a recent study conducted by the National Parents Organization claims that this may not be the case.

The study observed the shared parenting statues in every state in the country and gave them each a grade ranging from A to F. There was not a single state in the entire United States that received an A grade from the report card. The state of Georgia received a C-, or a 1.7 on a 4.0 GPA scale. This is just barely above the national average of 1.63.

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