Posts by Scott Shaw
A Word from Scott Shaw: Child Support, Attorney’s Fees, and Modification
There have been some big changes in the Georgia child support laws. The state completely re-wrote laws that removed use of a percentage of income and created an income-share system. Child support owed is now calculated from the income of both parents, not just the parent paying child support. Overall, it’s created a more fair system…
Read MoreA Word from Scott Shaw: Do I have to Pay Child Support if I Voluntarily Pay for My Child’s Expenses?
Child support on its face is simple: A court orders a child support amount to be paid monthly, and you pay it. However, as with most things in the law it is not always that simple. As an example, what happens if you directly pay expenses for your child and deduct the amount for those expenses directly from…
Read MoreA Word from Scott Shaw: The Law has Changed for the Custody Election of a Child Aged 14 Year or Older in the State of Georgia
In the State of Georgia, a child from the ages of eleven to thirteen years has the right to make their choice of parents in a custody case known to the court. The child’s decision is not binding on the court, but the court must listen. A fourteen-year-old, or older, however, has much more power. A child…
Read MoreCan the 401(K) or Other Retirement Account You Had Before Marriage Be Considered in Your Divorce?
In the State of Georgia, in a divorce, the assets of the marriage are equitably divided. This also means is that assets not of the marriage (or non-marital assets) are not divided and remain the property of the spouse who brought the asset into the marriage. Among these assets, 401(k) accounts and other retirement accounts are often the largest and…
Read MoreA Word from Scott Shaw: The Important and Hidden Reasons for a Prenup
Prenuptials are agreements made before marriage that define how the marital and premarital estate will be divided by a Georgia Superior Court in the event of a divorce. It can define what assets will remain your separate, non-marital assets, what assets will become marital assets (and how that is to be defined), and it can determine…
Read MoreA Word from Scott Shaw: What gave her the right?
In the mid-1990’s when I began as a child custody attorney, and built up expertise, I wrote of a moment that I summarized as “who gave her the right?” What I meant by this is that mothers assumed they were entitled to child custody, they acted as if they were entitled to child custody, fathers…
Read MoreA Word from Scott Shaw: Invasion of Privacy
The right to privacy is recognized by the State of Georgia. This means if your right to privacy is violated, you can sue for damages in Georgia courts. You can also obtain a protective order for stalking, and an invasion of privacy can in some circumstances be criminal as well. This said, the right to privacy…
Read MoreA Word from Scott Shaw: Child Support, Loss of Income and COVID-19
The COVID-19 pandemic and shelter in place orders around the country have caused an enormous spike in unemployment that has not been seen since the Great Depression. What do you do if you have a child support order in Georgia and you’ve been laid off, lost your job, or had a pay cut? You need to file…
Read MoreA Word from Scott Shaw: An Update on the Shelter-in-Place COVID-19 Executive Order from the Governor in Regard to Parenting Plan, Custody Order and Visitation Orders from Georgia Courts
The Governor has amended his executive order to Shelter in Place to specify the following: “That no provision of Executive Order 04.02.20.01 shall limit, infringe, suspend, or supplant any judicial order, judgment or decree, including custodial arrangements…nor shall any person use the Executive Order 04.02.20.01 as a defense in an action in violation of a judicial order,…
Read MoreHow to handle custody and visitation exchanges in the State of Georgia in regard to the COVID-19/Coronavirus
UPDATED 4/7/2020 The Governor of Georgia has stated in an executive order that travel for custody and visitation exchanges are considered to be “essential” travel and therefore existing parenting plans and visitation schedules are to continue, unless you are under special circumstances. As things are currently scheduled, the Shelter-in-Place order will expire on April 13. This…
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