Where parents have previously litigated child custody in a divorce or other domestic relations action, they often return to court asserting claims of the noncustodial parent’s failure to pay child support or the custodial parent’s withholding of visitation. In such cases, a longstanding rule in Geor...
In proceedings involving the calculation of child support to be paid by a parent, the obligor’s assets are considered when determining whether to impute income to that parent and in determining the amount of income to impute. Oddly though, parties rarely ask the trier of fact to construe a parent’s...
A prior article explored the use of imputed income for determinations of child support, alimony, and attorney’s fees in Georgia divorce actions. As that article discussed, Georgia law has permitted utilization of a party’s earning capacity, rather than gross income, to determine the amounts of chi...
Similarly to its provisions for modification of alimony (discussed in a prior article), Georgia law permits a parent to petition for modification of child support when “there is a substantial change in either parent’s income and financial status or the needs of the child.”(1) Governing law likewis...
A prior article discussed whether Georgia law allows parents to waive their statutory right to seek modification of prior child custody rulings. In this article, we address whether parents can waive their ability to seek modification of child support obligations. The short answer is, no.
A Georg...