Introduction
“Strategy” may not be the first word that comes to mind when contemplating an award of permanent periodic alimony for one’s client. After all, the statutory factors governing a spouse’s entitlement to alimony seem clearly defined. A practitioner would be excused in believing that th...
In a recent Georgia Supreme Court decision, the Court held that where the trial court dismisses your complaint for downward modification of child support because you have not complied with discovery, you have to wait two years to refile. Specifically, the Supreme Court held that it was error to allo...
In a recent landmark decision, the Supreme Court of Georgia held that even where no marital contribution is made to the separate property that is received by a spouse through gift, inheritance, bequest or devise, it can be converted to marital property when the recipient spouse transfers full, parti...
A periodic alimony obligation cannot be retroactively modified. Branham v. Branham, S11A1896, decided January 9, 2012.
Here, the trial court denied the Husband’s petition to modify future alimony payments under the live-in lover statute, but then reduced the Husband’s obligation to zero for unpai...
It is error for a trial court to rely on evidence from the temporary hearing in making its final custody determination absent express notice to the parties. Pace v. Pace, 287 Ga. 899 (2010); Vaughn v. Davis, S11A1950, decided January 9, 2012.
In the Vaughn case, the Supreme Court reversed the tria...