After a divorce is finalized, it is not uncommon to fight about child support and visitation. Many people assume that if a parent is not timely paying child support, they should not be able to exercise visitation and parenting time with the children. Self-help remedies such as not allowing visitation or stopping child support payments may result in a finding of contempt and an order requiring you to pay attorneys fees to your former spouse. For questions about Georgia law on child support and visitation, talk to our experienced Georgi family law attorneys.
This blog is for informational purposes only and is not intended as legal advice. Much of what happens at trial is case specific and no two cases are identical. The following posts address how courts typically address such common situations. If you are seeking advice for an ongoing or future case, please feel free to contact us to discuss how the law may apply to the facts in your particular case.
Secret Squirrel was a favorite cartoon character who fought the enemy using cunning and a variety of spy gadgets. Divorce and custody battles often require overcoming a variety of tricks by litigants. Spouses sometimes try to gain leverage by falsely accusing one another of excessive drinking ...
You have the right to enforce all Agreements, Parenting Plans and Court Orders and acting promptly may be a help set the tone and avoid future violations. Being called into Court for contempt will typically result in a monetary sanction and reprimand against the party who violated the Court Order. More severe violations can result in a finding of willful, criminal contempt resulting in incarceration. Letting your ex know that you will hold him or her to their obligations is sometimes a necessary first step for ensuring future compliance.
Many people wonder if there is a way to prohibit a former spouse form relocating out of state. The answer is you cannot. However, you can change the terms of your Parenting Plan. Changes may include a change of custody, modification of parenting time and days, and a reduction in child support due to travel expenses.
If you are involved in a contentious divorce involving allegations of physical or sexual abuse or drug or alcohol addiction, the Court may require that visitation with the children be supervised by a third party. Sometimes a trusted family member is allowed to act as a supervisor. However, if there isn't an appropriate family member who can be trusted to provide necessary supervision, a supervisory agency or even a therapist may be the only other option.
Everyone knows divorces can be contested or uncontested. If husband and wife are in agreement that they want to be divorced, is it uncontested? Not unless they can agree on 100% of the issues. The mere fact that you agree on getting a divorce doesn't make your divorce uncontested. If you do...
In Georgia, child support ends at age 18, or if the child has yet to finish secondary school, child support can continue until age 20. However, there is no way to compel a parent to help pay for college absent their agreement to do so at the time of the divorce.
What happens when you hide assets in your divorce? If your spouse is hiding assets in your divorce, he or she may be subject to contempt or prosecuted for perjury and you may be able to set aside your divorce to go after the undisclosed assets. Talk to our experienced Georgia divorce lawyers if you suspect your spouse may be hiding marital assets.
If you believe that the health and safety of you or are children are being compromised, you need to file a motion for modification with the Court and present evidence as to why you have such concerns. Interfering, delaying or putting conditions on parenting time may subject you to contempt of court charges and possible sanctions.
Don't be surprised to find your social media history on display in court. Assume everything you say and do will find its way into court and behave accordingly. You can't change the past but you can make sure that everything you do in the future is helpful in your Georgia divorce or custody case.