Alpharetta Divorce Attorney

2013

Blog Posts in 2013

  • Be careful of your Facebook posts!

    divorce to post negative comments about the other party or inappropriate things they did with or in front of the children. This is not only inappropriate because of the effect on the children, but it could hurt your case as well. In a recent Court of Appeals decision, the Court has also upheld a trial court’s ability to limit this behavior. In a decision on March 26, 2013, the Court held that it ...
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  • Check out this interesting article about recovering from a divorce.

    http://finance.yahoo.com/news/ask-advisor-recover-financially-divorce-000000873.html
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  • Legitimation is not always warranted.

    On March 15, 2013, the Court of Appeals approved a trial court’s decision not to legitimate a child. Basically, the father was not allowed to have any rights to custody or visitation for the child and could not legally claim the child as his own. In that case, the father waited until the child was 5 years old to legitimate, even though he knew the child was his child at some point during the ...
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  • If a Court does not address all issues relating to support, the issue could be lost.

    The Court of Appeals held in a decision on March 18, 2013, that all issues, including division of extra-curricular expenses, must be included in the final order. In that case, the Husband filed for a modification of support. The original divorce decree stated that Husband was to split extra-curricular expenses on top of paying child support. The final order on the modification simply awarded the ...
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  • A court cannot prevent a party from applying for a modification based on an alleged future change.

    On March 18, 2013, the Supreme Court reversed a trial court’s decision that limited when the mother, who was awarded child support, was able to ask for a change in the court ordered child support. In that case, the mother asked for a change in child support after the parties had agreed she would become the primary physical custodian. The trial court awarded the mother child support, but then ...
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  • Settlement Agreements may be enforced even after the party recieving payment dies.

    On March 18, 2013, the Supreme Court decided a case regarding a Husband’s requirement to continue to pay Wife $1,200 per month after she dies. In this case, the parties did not share a child, but the Husband had helped to raise the Wife’s child. The parties agreed that if the Wife were to remarry before the child had graduated high school that Husband would continue to pay Wife $1,200 per month ...
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  • You can obtain sole legal and physical custody when a parent is unfit.

    The Court of Appeals issued a decision on February 18, 2013 enforcing a trial court’s decision to award sole legal and physcial custody of the parties’ two year old child to the mother. In this case, the father was an alcoholic, failed to attempt to see his child for several months and lacked judgment to make decisions in the best interest of the child. The father failed to follow any rules in his ...
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  • Lump Sum Child Support Payments

    Several family law lawyers say a Sept. 20 Georgia Supreme Court ruling that affirmed a lower court’s grant of a lump-sum child support payment to cover 13 years of care sets a “dangerous” precedent because it grants one parent a large sum of cash without oversight. But the court said nothing in the child support statute precludes lump-sum payments. The ruling ensures that the custodial parent in ...
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