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Alpharetta Family Law Blog

Spousal support concerns addressed in Georgia

Spousal support is an important part of many divorces so divorcing couples should be familiar with the different types of spousal support and know how spousal support requests are addressed. The greater familiarity they have with the topic of spousal support, the smoother the process can go during their divorce process.

Spousal support laws take into account a variety of different factors. Factors that are considered when determining an award of alimony, or spousal support, include the standard of living established during the marriage; the duration of the marriage; the age, physical condition and emotional condition of the spouses; the financial resources of each of the spouses; the time that it would take for either spouse to acquire the education or training necessary to find suitable employment to be self sufficient; the contributions of each of the spouse to the marriage, including homemaking and childcare; the overall financial condition of each of the spouses; and other factors considered relevant to the court.

How to modify divorce-related concerns following divorce

Following a divorce, it goes without saying that the circumstances of the divorced couple, their children and entire family will change as life changes and the children grow and develop. As circumstances change, post-divorce modifications may be needed.

Most commonly following a divorce, there is a need to change child support arrangements or a child custody agreement. Depending on the circumstances, it may be possible to change both. Because parents will need the help of the family law court to modify child custody or child support, unless they are able to agree to any changes on their own, it is important for divorced spouses to promptly reach out to the family law court when they know that a modification, either child support or child custody, will be needed.

Property division basics in Georgia

Dividing up property can be a significant concern for many divorcing couples. The property division process is designed to help ensure a fair division of property so that the divorcing spouses can have as positive a financial outlook and future as possible following the divorce process.

In Georgia, equitable property division rules are followed. This means that the court will seek to divide property between the divorcing spouses as fairly as possible but not necessarily in half. Marital property is generally divided, while separate property is not divided when the couple divorces. This makes the classification process of property important for the divorcing couple to understand. Marital property is generally property acquired during marriage. On the other hand, separate property is property the couple enters the marriage with. It should be noted that there are several other categories of property.

Georgia men fear losing custody

When two parents ultimately decide to have a divorce, it is often the father who goes in worried about how much time they will get to spend with their child after the settlement. Many couples often have the notion that the courts favor the mother and assign them more custody while having the father pay for child support.

It ultimately does not help that there are several studies showing the state's favoritism towards mothers. Earlier this year, Custody X Change released a study to determine which states grant the most custody time towards fathers. Georgia ranked near the bottom as the average father gets to spend 23.5 percent of the year with their children. The fear could lead multiple dads to make reckless decisions in the courtroom to worsen the situation. They instead should have multiple tactics in mind to increase their chances of spending more time with their kid after the divorce.

Enforcing a divorce decree when your ex refuses to follow it

After divorce, you may run into a common situation where your ex does not follow the terms of the divorce decree. The divorce decree or custody order is a legally binding court order, and failure to follow it is a violation. The party violating the order may be subject to both criminal and civil penalties. However, it is important to remember that a contempt action is a mechanism that applies pressure on your ex to follow the order, and is not meant to be a method of punishment. 

How are child custody decisions made?

Parents entering the divorce process likely have many questions about child custody and how their child custody concerns will be worked out. Parents can put some of their concerns at ease by understanding the child custody process as much as possible and what it is based on.

Child custody concerns may be resolved by the parents or may be resolved with the help of the family law court, but in either situation, they are made based on what is in the best interests of the child. It is not only helpful for parents to understand this so they can also focus on what is in the best interests of the child but also so they can better understand what to expect from the child custody process. The best interests of the child standard is aimed at ensuring the child's overall happiness, security, mental health and emotional development.

How spousal support is determined during divorce

Spousal support and spousal support requests are an important part of any divorce. There are different ways that spouses can contribute to their marriage over the years, including monetarily or by contributing to the home and family in other ways.

In some circumstances, one spouse, such as the spouse who remained at home to care for the household or children, will not have the same earning capacity as the spouse who worked outside of the home. The divorce process seeks to help the divorcing spouses be as financially stable as possible following the divorce which may result in a request by one spouse for spousal support. The other spouse may oppose such a request so it is helpful for both to know what factors spousal support decisions are based on.

I can’t afford my child support payments, now what?

When everything is going as planned in regard to your finances, you may find it easy to make child support payments as required by the court. However, if something gets in the way and your financial situation takes a turn for the worse, you may need to request a child support modification.

While there is no guarantee the court will approve your modification request, you won't know for sure until you file the necessary paperwork.

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