770-933-0780
Divorce, Domestic and Family Law Attorney
The Hughes Law Firm
Family Law Attorney
Cobb County, Georgia
NEW CHILD SUPPORT GUIDELINES
On January 1, 2007, Georgia adopted a shared income approach regarding child support obligations. The new law recognizes both parents’ obligation to contribute to the support of a child. The following chart is an example of the basic child support obligation ("BCSO"): In general, each parent is responsible for a portion of the stated BCSO amount. If the parties earn equal amounts, they will each be responsible for one-half of the BCSO. If the father earns 40% of the combined income, he will be responsible for 40% of the BCSO. If the mother earns 90% of the total combined income, she will be responsible for 90% of the BSCO. The non-custodial parent pays his or her percentage of the BCSO to the custodial parent regardless of which parent earns more money.
The statute permits variation from the basic child support obligation based on pre-existing obligations for other children, health insurance costs, child-care expenses, shared physical custody arrangements, alimony, visitation expenses and other reasonable expenses. The child support obligation continues until the child reaches the age of 18 or graduates high school, whichever is later, but not past the age of 20. Medical expenses, insurance, and post secondary education expenses should be considered and incorporated into the parties' settlement agreement. Neither parent is obligated to support a child after graduation from high school. However, if a settlement agreement provides for such support and it is made part of the final order, the courts will enforce the agreement of the parties by contempt. ALIMONY
Alimony is designed to assist a party after divorce. It can be awarded to either party in accordance with the needs of the parties and ability to pay. Today, it is most commonly ordered as "rehabilitative" payments for a limited period of time. Factors that affect the amount and duration of alimony payments are: the standard of living during the marriage, the duration of the marriage, financial resources of the parties, the time necessary for a party to find appropriate employment, contribution to the marriage and each party's separate assets. _____________________________________
PARENTING PLAN
Beginning Jan. 1, 2008, parents must file a parenting plan in any case in which child custody is an issue (except in cases where a family violence temporary protective order is sought.). Forms can be found on line at the Cobb County Law Library, specifically at: http://lawlibrary.cobbcountyga.gov/downloads/GeneralForms/VisitationSchedule.pdfThe parenting plan is required to be comprehensive. It should acknowledge the importance of a child having a continuing relationship with both parents. It must address the legal custody of the child, a plan for the child's physical care, including holidays and school vacations, and transportation for the exercise of parenting time. The plan must acknowledge the importance of each parent having access to records regarding school, health care, extracurricular activities and religious training, and it must also designate, as between the parents, who has responsibility for making major decisions about the child. The parenting plan may be filed by the parents jointly, or each party may file a separate parenting plan as a proposal to the court. If only one parent submits a parenting plan, the court may adopt the parent's plan if the court finds that the plan is in the child's best interest. Any parenting plan is subject to acceptance or rejection by the court based on the court's finding of the child's best interest, health and welfare. The new law outlines a list of factors a judge must consider in determining whether or not to accept a parenting plan, or in making custody award in general. All of these considerations have been taken into account by judges for many years, but this is the first time that Georgia law has specifically articulated them. Among these, the law expressly requires the judge to consider the willingness and ability of each parent to facilitate and encourage a close and continuing parent and child relationship between the child and the other parent, consistent with the best interest of the child. Access the Electronic Worksheet created to assist in calculating child support, which will provide both
consistent calculations and forms. You can find the electronic worksheet at:
For useful Family Law forms visit the self help center of the Cobb County Law Library ("Downloadable Forms" in .pdf) http://lawlibrary.cobbcountyga.gov/selfhelp.htm
From the web site of The American Academy of Matrimonial Lawyers: ____________________________________________________________________________________________________
CHILDREN'S BILL OF RIGHTS
WHEN PARENTS ARE NOT TOGETHER
Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn't forget -- and kids shouldn't let them -- when the family is in the midst of a break-up.You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn't feel guilty about wanting to see your dad or your mom at any time. It's important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can't work it out, a judge may make the decision for them.You're entitled to all the feelings you're having. Don't be embarrassed by what you're feeling. It is scary when your parents break up, and you're allowed to be scared. Or angry. Or sad. Or whatever.
You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone -- either your other parent or a trusted adult like a teacher.You don't belong in the middle of your parents' break-up. Sometimes your parents may get so caught up in their own problems that they forget that you're just a kid, and that you can't handle their adult worries. If they start putting you in the middle of their dispute, remind them that it's their fight, not yours.Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.You have the right to be a child. Kids shouldn't worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.IT IS NOT YOUR FAULT AND DON'T BLAME YOURSELF.
----Special Concerns of Children Committee, March, 1998
