Posts by Scott Shaw
Back Child Support
The father of my child has never paid child support. Is it possible to be awarded back child support for the years that he did not pay? The answer to this question has changed over the years, but the law has settled down recently on this issue. In Smith v. Carter, 699 S.E.2d 796 (Ga.…
Read MoreCan Interfering With Visitation Jeopardize Custody?
Can a parent in Georgia lose custody of their children if they interfere in the other parent’s visitation or parenting time, or unreasonably behave in allowing access to a child? The short answer is yes. In Medley v. Mosely, 780 SE.2d 31, the Georgia Court of Appeals, citing approval from the Georgia Supreme Court, upheld…
Read MoreDo I Need to Pay Child Support if I Lose My Job?
This issue is more and more relevant in the current economy that is heading towards recession. Georgia law used to be draconian: NO RETROACTIVE MODIFICATION OF CHILD SUPPORT – PERIOD! (There were a few exceptions but beyond the context of this article). So what would happen is, someone would lose their job, have unemployment compensation…
Read MoreIs Back-Paid or Retroactive Child Support Possible in Georgia?
Can I get back child support in a paternity or legitimation case when unmarried? Do I have to pay back child support or retroactive support? In the State of Georgia, the answer to this question has varied over the years. As recently as the 1990 case of Weaver v. Chester the principle was established that…
Read MoreShould I Put My Spouse’s Name on the Property Title?
An innocent, and often loving, act done by a husband or wife is to add their spouse’s name on the title to a home or other real estate property. Although it seems innocuous, in Georgia it may have some very real consequences in a future divorce filing. The first thing to understand is that, in…
Read MoreSteps in a Georgia Divorce Timeline
Although it only took a moment to say, “I do,” it could take six months to a few years to undo a marriage through a divorce. Although you may be eager to split apart, careful consideration and planning is necessary to achieve a more favorable outcome for you. 1.File a Petition for Divorce – The…
Read MorePalimony in the State of Georgia
‘Palimony’ is a commonly adopted term for the equivalent of alimony for previously cohabitating but unmarried couples in the state of Georgia. The majority of states do not recognize palimony, although a handful do, based on certain circumstances. Georgia has rejected palimony as a cause of action, giving people incentive to actually marry instead. Thus,…
Read MoreLegal Separation or Divorce?
Is there ever a time when a legal separation would be better than divorce? Although both can cover much of the same ground in terms of children, property and finances, we encourage our clients to file for divorce except in rare cases. In a divorce there is the complete legal severing of the marriage, leaving…
Read MoreEmergency Custody Considerations
Whenever it becomes necessary to protect the wellbeing of the child, filing for emergency custody may be in order. Georgia courts are strict about what constitutes such a need, so it becomes important to collect information to meet their requirements in a race against time. How can the child’s wellbeing be documented? Are there any…
Read MoreWhat if my Spouse Won’t Cooperate Regarding the Divorce?
Divorce is rarely a simple process even with the best intentions, so it is not unusual that there may be objections or stalling for time by the other party, and possible unusual challenges, such as locating them to notify them of your intention. Often the question arises about what will happen if the other party…
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