Alpharetta Divorce Attorney

April

Blog Posts in April, 2013

  • 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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