Is a Divorce Agreement to Pay Child College Expenses Modifiable?
Georgia courts cannot order a parent to pay for a child’s college expenses because they do not have the power to order child support past the age of 18 years, unless the child is enrolled full-time in high school, and then until no later than the child no longer being enrolled (dropped out or graduated),…Read More
Do I Need to Worry About Retroactive Child Support in my Paternity Case?
Here is a question often asked by fathers seeking information in paternity or legitimation cases. Can mothers get retroactive child support? The short answer is no. Georgia child support laws only allow for the prospective award of child support. That means only after a paternity or legitimation case is filed can an award of child support…Read More
Paying for Extracurricular Activities in Addition to Child Support
Here’s a frequently asked question: “Do I need to pay the cost of my children’s extracurricular activities in addition to child support in the State of Georgia?” Legally speaking, the answer, as always, is complicated. A client will come into my office with their divorce or child custody decree in hand, wanting modification. I will…Read More
Is the Paycheck Protection Program Loan Considered Income for Determining Alimony or Child Support?
The pandemic brought with it more than just a virus. The impact of policies and procedures meant to keep infection rates low created a challenge for individuals and businesses to maintain productivity and profitability. That’s why the Paycheck Protection Program Loan (PPP) was designed. But is this loan something the courts can use to determine…Read More
When Can I Modify Child Support?
Under Georgia law, child support can be modified upon any material change of circumstances in the parent’s income or financial status or the needs of the child. That’s a lot of language for an attorney to work with. In short, it means if the other parent’s income goes up or down, there are grounds to…Read More
Imputing Earning Capacity for Child Support, Alimony, Equitable Distribution, and Attorney’s Fees Issues
It’s a common problem in child custody and divorce cases. One party is underemployed or unemployed, often for a long time. They may indicate they’re unable to get a job because of their child’s schedule. They’re insistent that minimum wage is their only option for income. At the same time, you’re working hard and feel like…Read More
A Word from Scott Shaw: Can Visitation be Withheld if Child Support is Not Paid?
“Can I withhold visitation if child support is not paid?” I hear this question a lot. Along with it, there are two related questions: Can I withhold child support if visitation or parenting time withheld? Can I hold a child over in an emergency in violation of a custody order? The answer is found in…Read More
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 More
A 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 More
Can You Be Required to Pay More in Child Support if You Make a Lot of Money?
Divorce is complicated. It can be made even more complicated when considerations for child support are on the table. Divorce and child support are deeply tied to income, so what happens if you make significantly more than average or more than your spouse? Can you be responsible for paying additional money per month based exclusively…Read More