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The Many Different Ways to Collect Child Support Arrears – Bring the Hammer Down!

The Many Different Ways to Collect Child Support Arrears – Bring the Hammer Down! I suppose there are as many reasons or excuses given for a failure to pay court ordered child support as there are leaves of grass in a field. All excuses aside, the child deserves to be supported by the parents, morality […]

Child Support – How long is it Paid and What about Multiple Children of Different Ages

Child Support – How long is it Paid and What about Multiple Children of Different Ages Georgia Law strictly requires that child support be paid until the “child reaches the age of majority, dies, marries or becomes emancipated, whichever first occurs.” O.C.G.A Section 19-6-15 (e). However, the trail court judge has the authority to extend […]

Appointment of a Guardian ad Litem in Georgia Family Law Cases

Appointment of a Guardian ad Litem in Georgia Family Law Cases Uniform Superior Court Rule 24.9 governs the Appointment, Qualifications and Role of a Guardian ad Litem (“GAL”). A GAL is appointed by a Superior Court or Juvenile Court Judge to assist the court in a domestic relations case. The Judge may appoint any person […]

Court Mandated Programs in Domestic Relations Cases: The Parenting Seminar

Court Mandated Programs in Domestic Relations Cases: The Parenting Seminar. Uniform Superior Court Rule 24.8 sets out that Superior Courts may establish a program to educate parents in family law cases as to the possible effects of divorce cases and the like on the children. Most but not all Superior Courts in Georgia have established […]

Uniform Superior Court Rules and Temporary Hearings in Domestic Relations Cases

Temporary Hearing in Georgia Family Law Cases: The Uniform Superior Court Rules. Domestic Relations cases are defined in Uniform Superior Court Rule 24.1 and include the following types of cases. A Divorce case regarding child support, child custody and visitation, alimony, property division, and/or attorney’s fees, an Annulment case, a Modification case, a Paternity case, […]

Self-Executing Changes of Custody in Georgia

From time to time one or both parents express a desire to have physical custody change automatically upon a certain date or upon a set of circumstances. I have to inform the parent or parents that this is not permitted in Georgia and thus it cannot be included in a court order, or if it […]

Does it Matter Which Spouse Files for Divorce First?

I am frequently asked whether it makes any difference who files first in a Divorce Case. The legal answer is that it really does not matter. When a Plaintiff files a Complaint for Divorce, the Defendant has the right to file a Counterclaim for Divorce along with their Answer. Thus each party has the right […]

Who has the RIght to Claim a Minor Child on their Tax Returns?

This is a matter of Federal and State Taxation Law, and not necessarily a law created or governed by State based Divorce and/or Child Support Laws. However, in a Divorce Order, or in a Child Support Order, the matter of which parent is entitled to claim the child or children on the yearly tax returns […]

Obtaining a Passport for your Child

Many aspects of State Law do not jibe with Federal Laws.  One of these areas is related to the issuance of a Passport to a minor child. In Georgia and most other States, the mother of a child born outside of wedlock has Sole Legal and Physical Custody Rights to the child.  That does not […]

Types of Child Custody in Georgia – Physical and Legal Custody

Georgia Law provides for two separate and distinct types of Custody for Minor Children.  Physical Custody and Legal Custody. Physical Custody relates to which parent the child physically lives with.  Typically there is a Primary Physical Custodian and the other parent has Visitation Rights.  The parent with Visitation Rights is commonly referred to as the […]