1. Split your time as evenly as possible.

Holidays are an important time for your family, and it is also important that your child spends time with both parents. This may involve alternating years when you have custody on each holiday, trading off so that one parent has Thanksgiving and the other Christmas or splitting the day so that you both have time on the holiday itself. You may also want to address whether you can travel with your child for the holidays and how you will handle visitation or check-in calls during that time.

2. Plan for holiday shopping.

The holidays can bring up a variety of financial questions. How much are you and your child’s other parent allowed to spend on your child’s gifts? Can those gifts include tablets, smart phones or other technology? If your child is old enough to get gifts for friends and family, which parent will pay for the purchase of those gifts, if necessary? Discussing these questions with your child’s other parent can prevent overspending or conflict over holiday budgets. As Forbes notes, you may also want to coordinate to avoid duplicating gifts.

3. Address the holidays when you create a parenting plan.

The holiday season will change your schedule every year, and the best way to avoid conflict or challenging negotiations is to have a clear plan in place from the start. No matter what arrangement works best for your child, your parenting plan can outline that solution and help you focus on enjoying the holidays with your family.

The notice requirement

Georgia law requires custodial parents to give the court – and their child’s other parent – at least 30 days’ notice before the day they intend to move.

This is great news for you, because it means that your ex-spouse can’t blindside you with the news of their move. They must give you time that you can use to prepare your objection to their move. The court will then consider your ex-spouse’s reason for wanting to move, together with your opposition to the move, and decide whether to grant them permission to move or not.

How courts decide

Just like when they determined the initial custody arrangement of your children, the court’s main priority will always be your children’s wellbeing. This means that they’ll look at the possibility of granting or denying permission to move based on how it would benefit your children.

Courts know that it’s extremely important for children to maintain a close relationship with both parents in most cases. Thus, if the move will greatly hamper your ability to maintain your current visitation schedule with your children, and there isn’t an equivalent benefit to the move, it’s possible that they might decide that it’s in the best interest of your children to deny the move.

If your ex-spouse tries to move without first seeking permission from the court, they could face serious consequences. The court might even revise your custody arrangement.

The thought of your ex taking your children farther away from you can be quite difficult to deal with. Fortunately, you will have a chance to prepare a solid argument with your attorney for why the court should deny the move and keep your children close to you.

How is child support calculated in Georgia?

Georgia used to base child support based only on the noncustodial parent’s income, but state guidelines now advise the judges who make these decisions to also consider what the custodial parent earns. It is important to bear in mind that judges have the discretion to deviate from the guidelines and increase or decrease child support. This often happens when the child has special needs and more money is needed to cover health care and educational expenses.

How do you modify child support orders in Georgia?

Custodial or noncustodial parents in Georgia who wish to modify a child support order can pay a $100 fee to have the Georgia Division of Child Support Services review their case. The fee is waived for parents who receive Medicaid or Temporary Assistance for Needy Families benefits. Once the review process is completed, which can take up to six months, the DCSS may recommend that payments be increased, decreased or remain the same. Past due child support payments cannot be modified.

What are the guidelines when determining child support?

“Income-sharing” is the approach Georgia courts use to determine child support. The judge considers the parents’ joint incomes, and that amount – minus deductions – will be the base for child support. A support calculator is used after the gross annual income of both parents is determined. Courts in Georgia look at a number of things to determine income, such as:

• Salary
• Interest
• Trust income
• Tips
• Commission

That said, every case is unique. How the guidelines are applied will vary depending on the situation.

How should I prepare for a child support review?

Child support reviews are completed more quickly when DCSS personnel are provided with all of the documents they need in a timely manner. Before contacting the agency, parents should gather their tax returns, recent pay stubs and bills for child-related expenses like health insurance premiums and daycare fees. Parents who wish to modify a child support order based on a significant change in circumstances must be able to demonstrate that the change is likely to be permanent.

Will the court lower my child support obligation if I experience a loss of income, such as losing my job?

Many ex-spouses with hefty child support payments wrongly assume that a downward modification of the payments should be pretty straightforward after a notable loss of income. In practice, though, Georgia judges approach such requests on a case-by-case basis, weighing the facts and circumstances. It is by no means a guarantee that a modification will be given in any particular case.

Georgia Statute 19-6-15(k) specifies that, to seek a modification of a court’s child support order, there must be a “substantial change in either parent’s income and financial status or the needs of the child.”

What does “substantial” mean”? In the case of involuntary loss of income, the statute defines a substantial loss as a loss of 25 percent of income or more.

Even if the income loss is that large, however, there is a two-step process that must be followed to seek a modification of the child support amount. First, it is necessary to establish each party’s income and identify deviations from the amounts the original award was premised upon.

Does the court take into consideration the best interest of the child when modifying child support?

In addition, there must be a showing that the modification being sought would be in the best interest of the child. This determination is solely within the judge’s discretion.

In other words, a modification is not a mechanical process. It isn’t just about plugging in the new numbers into an equation and having preloaded software spit out a solution.

Instead, judges must balance conflicting considerations. The spouse who has been ordered to pay a hefty amount of child support may be struggling to pay it after being downsized from a job. But the child for whom the payment is meant may be harmed if the custodial parent’s source of support is reduced by too much.

After all, many custodial parents make much less money than their non-custodial counterparts. In some cases, a reduction in child support could make it hard for the custodial parent to pay the rent or other bills.

Yet if the child support amount is not modified, the non-custodial parent could be severely impacted as well. It is hard for these parents to move forward with their lives when child support payments take up large percentages of their income.

Do Georgia child custody laws favor mothers over fathers?

Fathers going through a divorce may be concerned that their child’s mother will automatically be treated more favorably when it comes to child custody issues. This is not true. Under Georgia law there is no presumption in favor of either parent. Instead, child custody orders will be based on the best interests of the child.

Best interests of the child factors in Georgia

There are a variety of factors courts will consider when making child custody decisions that are in the best interests of the child. The bond between each parent and the child may be considered as may the child’s bond with siblings and other parties they live with. Each parent’s ability and propensity to provide the child with love, affection and guidance may be considered.

How familiar each parent is with the child’s needs may be considered as may each parent’s ability and willingness to meet the child’s day-to-day basic care needs. The extent to which each parent’s home is safe and nurturing for the child may be considered. The history of the child’s residence and community may be considered alongside any special needs the child may have. The importance of keeping the child’s life stable may also be considered.

Each parent’s past involvement in the child’s education, social engagements and hobbies may be considered. Whether a parent’s job will limit their ability to care for the child may also be considered. The parenting responsibilities each parent performed in the past and will perform in the future may be considered.

The court may consider each parent’s health. Each parent’s ability and willingness to allow the child to have a meaningful relationship with the other parent may be considered. Whether domestic abuse or substance is a factor may also be considered. Finally, the child’s wishes may take precedence if the child is age 14 or above.

Learn more about child custody in Georgia

Child custody decisions made in a divorce can affect both the child and the parents for years to come. Therefore, it is important that any decisions made are in the child’s best interests. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on child custody in Georgia may be of interest to those who want to learn more about their rights and options.

Preparing for a “gray divorce”

As with any divorce, it is important to get a clear financial picture of your marriage. Your family law attorney will need this information in order to pursue a fair settlement and understand the overall situation. You will need a complete list of assets and debts as well as your income, investments, expenses and retirement accounts. Banking and brokerage statements, tax returns, credit card statements and other documents can be used to gather this information.

Financial changes accompanying divorce

You and your spouse will work out a property division agreement or receive an order from the court dividing those assets and liabilities between the two of you and mandating any relevant spousal support. The changes that come with divorce will also require many people to reassess their financial choices and make a new budget based on a single life. After all, it is more expensive to finance two single lives than one marital household. Consider housing expenses and whether you will need to downsize, and create a financial plan that provides the funds to cover your expenses while saving for the future.

Many people are living long, happy and healthy lives well into their elder years, and a “gray divorce” may be the right choice for many people looking for a new, single future. You may find it helpful to work with your family law attorney as well as an accountant to fully understand the financial picture and prepare a new budget for the future.

The legal basics of getting a divorce in Georgia

In Georgia, there are fundamental aspects to a divorce. There is the no-fault divorce law. This means that the couple can simply say they have irreconcilable differences and be allowed to divorce. Still, if there are other issues that led to the divorce, they can also be referenced. These grounds include violence, cruelty, adultery, addiction, impotency, a spouse being mentally incapacitated or deserting the other for a minimum of one year. Being convicted of a crime and sentenced to jail for at least two years, committing fraud to get the other person to agree to marry and relatives having gotten married are also grounds.

Residency requirements will be part of the process. One of the parties who is divorcing must have been a resident for six months prior to filing in this type of family law petition. There will be a 30-day waiting period if the grounds for filing is that there is an irretrievable breakdown. If there is a specific reason given for the filing, then the decree will go into effect immediately.

To understand all aspects of a divorce, having advice is crucial

Divorces can happen for many reasons and to people of all ages and financial circumstances. The situation itself will dictate how to proceed. Still, the start of the case begins with following the state laws for getting a divorce. To address this and other potential challenges that will arise, having professional assistance is recommended.

Service of process

It is crucial that you serve your spouse with legal forms that outline the complaints you have against them. If the papers are not properly served, the courts will not have the authority to decide your divorce case. The legal system mandates that the defendant has a right to be notified that they are being sued. This is why serving your spouse with divorce papers in person is often the best method, but there are some exceptions.

Provisions for service of process

If you’re serving divorce papers, you’ll need to check box A on the document to indicate that your spouse will sign the Acknowledgement of Service. You’ll have to give your spouse a copy of the Complaint for Divorce once it is completed and have your spouse sign the Acknowledgement of Service. When your spouse signs the form, they are informing the court that they did receive the divorce petition and don’t need to be served a copy of the petition, which is usually delivered by the sheriff.

Additional information

You should check box B on the divorce petition if your spouse is a resident of Georgia but does not reside in the same county where you are filing for divorce, or if your spouse resides in another state and will cooperate with your divorce filing.

You can use paragraph C if your soon-to-be-ex lives in the same country where you are filing for divorce. Read paragraph D and use this paragraph only if you’re filing in the county where you and your spouse last shared a residence.

One spouse buys another out

In this scenario, one spouse will keep the timeshare after paying the other an agreed-upon amount or half of its total determined value. Figuring out the cash value of half of the timeshare can be tricky. An attorney may help you figure this out.

A buyout often works when one spouse values the timeshare more than the other spouse. For example, if your timeshare is located at the beach and your spouse prefers vacationing in the mountains, you may be more apt to keep it.

Sell your timeshare

If neither party wants to return to the timeshare, it may be wise to sell it and split any profits. Divorce attorneys may assist with questions you have regarding the sale and distribution of money from your timeshare.

Because timeshares are often bought for happy vacation times, both spouses may not want the reminder of their former lives. Timeshares can often be sold through real estate brokers and sometimes through your timeshare company. Your attorney may also be able to assist with a sale if you have already found a buyer.

Share the timeshare

Sharing the timeshare is an option if neither spouse is willing to let it go. You will both share the maintenance and other associated costs. Keep in mind that you will need to remain in touch with your ex-spouse in order to figure out scheduling and other such parameters.

Sharing the timeshare can work out for amicable divorces. However, you must consider some emotional issues that may arise down the road, especially if your children are involved. Will you be okay with your ex-spouse taking a new partner and the children to the timeshare and vice-versa? This is just one issue to address before deciding to share your timeshare.

Prenups are only for old people

This myth primarily stems from the use of prenuptial agreements in movies and TV shows where some billionaire character marries a woman younger than his children. While it may make for good entertainment, it does nothing to show how useful prenuptial agreements are for people of all ages. Anyone who is old enough to get married and brings any type of assets into the marriage can use a prenuptial agreement to protect the assets that they bring with them.

Prenups are only for the wealthy

While many news pieces are written about actors, musicians and other celebrities having a prenuptial agreement, prenups are not only for the super-rich. Just like there is no age requirement for having a prenuptial agreement, there is no minimum net worth that has to be met before you can have a prenup. Prenuptial agreements are about protecting any existing assets no matter how much those assets are worth.

Prenups mean you’re planning for divorce

This line of thinking is not only incorrect, but also dangerous. When you get behind the wheel of your vehicle, you put on your seatbelt. You don’t do that because you assume that you’re going to be in an accident; you do it because you know that there is a chance that you will be in an accident. Prenuptial agreements ultimately work like a seatbelt, protecting you in the event that your marriage does not work out the way that you intended it to.

Working with an attorney to put together a prenuptial agreement is a great idea for anyone who is about to get married, regardless of their age or net worth. This attorney could help ensure that their client is protected in the event of a divorce.

The 13 grounds for divorce

To get the court to approve your divorce petition, you must select one of the following 13 grounds for divorce:

• Your marriage is illegal because your spouse is closely related to you.
• Mental incapacity was present during the marriage.
• There was impotency during the marriage.
• The marriage was obtained under duress or through fraud, force or menace.
• The husband did not know that the wife was pregnant by another man at the time of marriage.
• There was adultery during the marriage.
• Either party willfully deserted the other person for at least one year.
• Either party was convicted of a crime of moral turpitude that resulted in a prison sentence of at least two years.
• Either party was habitually intoxicated during the marriage.
• Either party was habitually addicted to any controlled substance during the marriage.
• There was cruel treatment involving mental or physical abuse that caused one spouse to fear for his or her life.
• The marriage has become irretrievably broken.

How fault can affect a divorce settlement

When making decisions about child custody and property division issues, a judge will look closely at the reasons for the dissolution of the marriage and evaluate which spouse was responsible for the breakup of the marriage. Therefore, your conduct during the marriage impact whether a judge grants you an equal share of the marital property. If your spouse accuses you of domestic violence during the marriage, this claim could sway child custody rulings in his or her favor.

How a lawyer may help

While a judge may look at marital behavior, like adultery and drug addiction, he or she will also consider how much someone condoned his or her spouse’s negative behavior. If you have been accused of being at fault for your divorce, a lawyer may help you show that you and your spouse had worked through your past marital problems before the divorce petition was filed.