In fact, certain issues resolved by the court in a divorce proceeding can only be changed when there is a finding that a material change in conditions has occurred.
Divorce Modifications: What Is A Substantial Change In Conditions?
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Modification
When Do You Need A Guardian Ad Litem?
When a legal issue that comes before the Court involves matters that will affect the lives of children the services of a guardian ad litem is sometimes utilized to ensure that the best interest of the child is observed. Essentially, anytime a Court needs additional...
AT WHAT AGE CAN A CHILD SELECT WHICH PARENT HE/SHE WANTS TO LIVE WITH?
Under Georgia law, once a child reaches 14 years of age, he/she can elect the parent he/she wants to reside with. The election of a child age 14 years or older shall control unless the parent the child chooses to live with is deemed to be unfit to have physical...
CAN I MAKE AN OUT-OF-COURT AGREEMENT WITH MY EX-SPOUSE TO WAIVE CHILD SUPPORT OR REDUCE IT?
After a final judgment and decree of divorce that establishes child support has been entered, ex-spouses may wonder if they are allowed to establish their own private agreements outside of court modifying the child support obligation. Under Georgia law, such private...
IS CHILD SUPPORT AUTOMATICALLY REDUCED WHEN ONE OF THE CHILDREN TURNS 18?
Parents who pay a lump sum child support payment for multiple children may wonder if child support is automatically reduced when one of the children turns 18 and has graduated high school. Under Georgia law, there is no automatic reduction in child support due to one...
Impact of Remarriage on Child Support
It is often necessary for Georgia courts to make a determination of the financial needs of a child or children at the conclusion of the divorce. In doing this the main consideration before the court is what is in the best interest of the child. Sometimes life...
What Factors Determine Alimony in Georgia?
Georgia, like many other states, allows for alimony payments in the event of a divorce. Alimony is typically awarded based on the financial needs of either spouse. The factors that go into this determination are codified in O.C.G.A 19-6-5, which states: The finder of...
What Happens If I Get Behind On Child Support?
It is widely known that missed child support payments could result in jail time if the party is found to be in violation of a court order. For many jurisdictions across the United States this threat is considered an effective incentive for people who are able but...
Can I Be Arrested For Not Paying Child Support?
In the state of Georgia it is common knowledge that a person can be arrested because of a failure to pay court ordered child support. All parents have an obligation to financially support their children. When parents are in the process of divorcing a court will issue...
Can I Receive a Modification of a Divorce Decree?
A divorce decree is the Court's final ruling and judgment order which makes the termination of a marriage official. There are several reasons that modifications of divorce settlements are filed. Factors can change months or even years after the settlement has been...