Knowing all the ins and outs of Georgia child support and custody laws is difficult to remember during an emotional time like divorce. To help, we have put together a short list of important child custody and child support facts to keep in mind during and after divorce.

Child Custody

• The judge has final decision over how child custody is awarded. (If a child is over the age of 14 he/she may select which parent they would like the live with.)
• Factors that help determine child custody include:
  • Each parents ability to be a suitable custodian
  • Safety of the child
  • Psychological, emotional and developmental needs of the child
  • Prior care each parent has given to the child
  • History of substance abuse
• There are four types of child custody: joint custody, joint legal custody, joint physical custody, and sole custody (You should further discuss each type with your attorney) 

Child Support

• Georgia uses a child support obligation table to determine child support awarded 
• Both parents are legally required to support their child until the age of 18 
• Child support may be modified if there have been significant financial changes since the child support was issued. (Discuss this option with your divorce attorney as every case is different) 
• If you are not receiving child support payments from your ex you have a right to file a Motion for Contempt against the offending party to rectify the situation.  

If you are going through a child custody/child support hearing it is important to speak to your family law attorney to figure out the best outcome for your case and to fully understand your rights.

We understand the divorce process can be overwhelming and confusing, so we have compiled a list of some of the most commonly asked questions to help.

How much will a divorce cost me?

The clerk charges $213 minimum for the filing fees alone.  For your attorney, not every divorce is the same and it will largely depend upon the complexity of the case and your specific situation.

How long does a divorce take?

There is no set time frame for a divorce. If you and your ex are on the same page and can agree to terms during mediation then the process will stay fairly short.  However, the law does require a minimum thirty (30) day waiting period from the time you file and your spouse is served.

Do I have to give a reason for the divorce?

No. Georgia grants “no-fault divorce” which means you do not need to list a specific reason for the divorce other than the marriage is irrevocably broken.

What about the children?

If you and your spouse cannot agree, the court will ultimately decide what is in the best interest of the child. In Georgia both parents are required to support the child until the age of 18.

Can I get alimony? / Do I have to pay alimony?

Alimony is not mandatory in Georgia but may be awarded depending upon one spouses needs and the other spouses ability to pay.  There are various types of alimony that may be awarded based on the circumstances of each case.

What is a collaborative divorce?

During a collaborative divorce both parties sit down with their lawyers and talk through any disputes and come up with a mutually agreed upon settlement instead of having a judge decide your fate.

Can child custody be modified?

Child custody along with visitation orders may be modified, however keep in mind with regards to visitation modifications there is a two-year limitation that may apply.

If you are considering a divorce or are in the middle of one contact an experienced family law attorney immediately to better understand your rights and help you through the process.

Many adoption proceedings are for stepparents. When a stepparent adopts their spouse’s child they are agreeing to financially support their spouse’s child and dismissing the non-custodial parent from any rights to the child. If you are thinking about adopting your stepchild here are some things to consider during the process:

• Who starts the process: It is up to the stepparent to start the adoption process and fill out the required paperwork to put the adoption in motion.
• How do you know if you are able to adopt your stepchild: In most cases of a stepparent adopting their spouse’s child in Georgia, the absent parent is either deceased or has abandoned their responsibilities as a parent including financially and by not maintaining a relationship with the child.  If the non-custodial parent has a regular relationship with the child and is maintaining their financial obligations you will have to get consent from them to adopt the child.
• Do the children have any say: In Georgia if the child is 14 years of age or older they have to consent in writing to the adoption.  
• Do you have to get approved to adopt the child: Before being granted legal custody as a stepparent you will have to pass a background check. The Department of Human Resources will also verify that the adoption is in the best interest of the child and conditions are going to be good for the child.

Before proceeding with an adoption it is important to consult a family law attorney to help you through the process.

Just as no two divorces are alike, no two divorce proceedings are alike. Most people know someone who has gone through a divorce or has heard about someone else’s experience but going through one yourself is a different experience. Here are four basic guidelines of what you might be able to expect while going through a divorce. 

• Stay realistic- During a divorce it is likely the outcome is not going to be exactly the way you might wish. It is important to understand you might have to make compromises during the process and keep a realistic expectation of the best-case scenario so you are not disappointed in the end.
• Division of assets- Division of assets is common during a divorce proceeding. Think before hand about what is important to you and what you would like to keep to help the process run smoother. Make sure you have any necessary paperwork collected and filled out before handling division of assets.
• Child custody battle- If possible it is best for you to talk with your ex spouse and try to work out a custody arrangement first. If an agreement can not be made the judge will ultimately decide the custody arrangement. If this is the case be prepared to be able to prove to the court why you are the best parent for your child.
• Change in lifestyle- During and after a divorce it is common that your financial status is going to change at some point. You are no longer sharing an income with your ex spouse you are now the sole provider for yourself and any children involved. It is important to understand such changes are going to take place in order to financially prepare for your divorce.

Your divorce lawyer is your best resource during your divorce. They can best prepare you for events that are going to take place during the divorce and for a realistic outcome.

Summer time can be a big adjustment if you have recently been divorced. Trying to work around everyone’s schedule and ensure each parent gets their allotted time with the children can prove to be challenging and stressful. While planning a separate summer vacation from your ex spouse can be difficult, these few tips can help make summer vacation planning a little easier. 

• The sooner the better: The sooner you make your summer vacation plans and discuss (by sending an email) them with your ex the less likely any arguments or conflicting plans arise.
• Ask your kids: Talk to your kids about summer and make sure you make time to do things they want to do and work around any summer camps or activities they have planned. Don’t make any commitments with the kids without discussing things with your ex.  
• Take into consideration special events: Try not to plan a summer vacation during your ex’s birthday or any other special events that take place during summertime.  
• Follow any court guidelines: Visitation rights and guidelines for both parents during the summer months should be included in your divorce decree. If you are required to receive permission from your ex in order to take your child out of state make sure you follow all court orders in order to avoid repercussions later. It is best to get arrangements in writing with both parents signature so there is no dispute later on about what was agreed upon.

If you are unaware or unsure about legal issues relating to planning a summer vacation with your child you should consult your family law attorney.

When going through a tough time such as divorce it is important for you to keep your mind and body healthy. Taking care of your mind and body will help ease the stress and emotions divorce brings. These few tips will help keep your mind and body healthy during these difficult times:

• Exercise and health – While exercising may be the last thing on your mind at a time like this it will release the pent up frustration or anger from within. Choosing to eat healthy and getting rest will allow you to handle the stress of divorce proceedings.
• Let your attorney do the work – Thinking about things that are out of your control is only going to cause more stress than you are already experiencing. Let your divorce attorney handle the dirty work, that’s what you hired them for.
• Find an outlet –Talk to someone other than your children about frustrations with your ex spouse or the divorce process. Fighting with your ex or venting to your children can cause more problems for yourself.

Going through a divorce is tough on everyone involved, including kids. For many divorce is an unfamiliar territory that is scary and filled with emotions. Kids often don’t understand divorce and are unsure about what lies ahead for them. With help from these tips you can feel more confident about making this tough time easier for your child.

• Prepare Yourself: Before sitting down to talk with your kids about your divorce practice what you’re going to say. Prepare yourself for the tough questions your kids may ask and how you are going to answer them.

You can also help prepare for talking with your kids by talking to professionals and reading books on the subject before hand.

• Encourage them to ask questions: Keep the line of communication open with them and understand that everything is not going to be solved after one conversation. Encourage them to ask questions when they feel the need and stay positive when talking about the divorce.

• Keep as much normalcy as possible: It is important to keep as much structure and routine as possible. Have conversations about the changes that are going to occur and present them gradually to your child.

• Encourage their relationship with the other parent: While it may be difficult for some it is important for you to encourage your child to stay close with your ex spouse. A child may feel like they have to take sides during a divorce, so be sure to reinforce that both parents still love them and are going to be there for them.

If you are considering filing for divorce or recently decided to get a divorce you may be wondering what is the difference between mediation and litigation and which one is right for you? Here are some pros and cons for mediation and litigation to help you decide which is the right one for you.

Mediation - using the services of a neutral, third party whose purpose is to help both spouses reach an agreement to the terms of their divorce.

Pros

• Mediation is a good alternative if you are trying to save money during the divorce process.
• The mediation process can move along more quickly than with litigation.
• You have more control over the outcome of the decisions made during mediation than you do in a courtroom.
• You have an opportunity to reach more creative solutions to problems than you would in a courtroom. You also have the ability to walk away if both parties cannot come to an agreement.

Cons

• Both parties have to agree to all terms and conditions for the case to end.
• If an agreement cannot be made you cannot get back any time or money you spent on mediation and will have to go through litigation.
• It is possible to get an inexperienced mediator that may negatively affect the outcome of mediation.

Litigation - the process of taking a case through court.

Pros

• If you are not satisfied with the outcome during litigation you can appeal the case.
• It may be a better option when emotional or physical abuse is involved.

Cons

• Litigation can easily become very expensive.
• Depending on the circumstances of the case, the case last for several months or years.
• Litigation can often further strain a relationship and may cause resentment.

To further understand the pros and cons of mediation and litigation and to determine what is right for you contact a family law attorney.

1. Protect your business: If you have your own business you might consider a postnuptial agreement in order to protect the life of your business in the event a divorce does occur.
2. Fighting about finances: If you and your spouse begin to argue about finances you might consider a postnuptial agreement. Putting this agreement in place can protect both parties if the relationship ends in divorce. A postnuptial agreement may also relieve some of the tension involving money in the household.
3. Revising a prenuptial agreement: You may already have a prenuptial agreement in place but after getting married one spouse’s income or assets may drastically increase and you want to alter your prenuptial agreement to reflect the change.

In order for a postnuptial agreement to be enforceable in Georgia the court will look at these three standards:

• Was the agreement acquired through fraud, duress or mistake? Did either party supply misinformation or insufficient information regarding the marriage?
• Is the contract made for unethical reasons?
• Have facts changed since the agreement was made, making the agreement now unfair?

Note: In Georgia both parties should have legal representation to make a postnuptial agreement enforceable. Consult with your spouse and an attorney before entering into a postnuptial agreement.

Both parties can also come to an agreement to settle alimony expenses.