William M. Ordway
Post-Divorce/Modifications
The Georgia Child Support Guidelines are used in determining if a modification is appropriate, and if so, how much the amount can be changed. However, a judge can deviate from the child support guidelines if necessary. Ultimately, the decision lies in the hands of the judge, who can accept or deny modifications.
In Georgia, a divorce judgment or order can be enforced through an action for contempt. Anyone found in contempt of court is subject to a number of consequences, including jail time.
The following are examples of contempt actions:
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If a parent has not been paying child support, a contempt action can result in that parent being jailed until he or she provides full payment of all amounts past due.
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If a spouse refuses to turn over an asset such as stock or other property subject to a settlement agreement, he or she can be found in contempt of court and jailed until the asset is relinquished.
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If a custodial parent refuses to allow visitation to the non-custodial parent, he or she can be found in contempt of the child custody order. Refusal to allow visitation can also be used as possible grounds for a modification in child custody.
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If a non-custodial parent refuses to return a child following a scheduled visit, he or she can be found in contempt.
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If a spouse refuses to pay temporary or permanent alimony as ordered by the court, he or she can be found in contempt.
There are defenses in contempt actions. For example, when a parent is falling behind significantly in child support payments, Mr. Ordway may be able to move the Court for a downward modification in the amount to be paid. He will work to resolve the issues before going to Court, or to negotiate a payment plan to avoid possible jail time. In Georgia, contempt actions are tried by a family law judge who will review the merits and possible defenses of the case.
The child custody, visitation and support agreements appropriate at the time of divorce may not be appropriate years later if circumstances of either party or the child have changed. The following are examples of when a modification of a divorce agreement can be filed:
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If child support payments were calculated prior to January 1, 2007, a modification may be appropriate if payment or receipt of a different amount is indicated by the new guidelines.
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If the income of either parent has changed significantly, it could result in an increase or decrease in the amount of child support to be paid by the non-custodial parent.
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If a child is not doing well at school or at home, child custody and visitation rights may be changed.
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If a custodial parent wishes to relocate, child custody and visitation may be changed. The custodial parent cannot move the child out-of-state without court approval.
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If a child is abused or neglected by a parent, that parent’s custody or visitation rights may be changed, taken away or made subject to court supervision.
The family law team at Ordway & deAndrade, LLC will guide you through the legal process of obtaining a child custody, visitation or support modification. We will make every effort to expedite your case and we will ensure that your rights as well as the rights of your children will be protected now and in the future.
