Georgia Family Law Blog

Ex-NFL player seeks reduction of child support

Former Denver Broncos running back Travis Henry appeared in DeKalb County Superior Court Thursday to try and reduce child support payments to one of nine children he fathered by as many women.

At the hearing, Randall M. Kessler, Henry’s attorney, argued that his client’s $3,000-a-month payments to Jameshia Beacham, the mother of his 5-year-old son, should be reduced because Henry is no longer earning a paycheck in the National Football League.

Henry was released by the Broncos last June.

“When you’re making zero dollars, what is the right amount [of child support]?,”said Kessler prior to Thursday’s hearing. “He’s not putting his head in the sand. He wants to support all of his children.”

In court Kessler noted that Henry awaits prosecution on federal drug charges in Colorado, and that if he’s sent to prison that could hamper his ability to pay child support.

Henry has offered Beacham a one-time payment of $100,000 to settle the case, an offer her attorney, Robert Wellon, scoffed at in court Thursday.

Wellon argued that Henry is unemployed by choice and that he’s squandered hundreds of thousands of dollars that could have been spent on supporting his children.

“It’s kind of like the gentleman who kills both parents and comes to the court to beg for mercy because he is an orphan,” Wellon said.

The hearing is ongoing as testimony continues.

SOURCE: AJC.com

How Support via Direct Deposit Damages Your Mortgage Application After Divorce

                                                                                 

Kelly Lise Murray, Co-Founder & President of DivorceThisHouse.com warns against a hidden danger of divorce real estate -post-divorce mortgages. 

Not all forms of alimony and child support count as YOUR income for mortgage purposes. In an article posted on ActiveRain.com, she cautions child support recipients that accepting your support by direct deposit is a huge mistake.  She says the same is true about cash.  The reason: Banks require proof of income. When you receive support by direct deposit or in cash, there is no paper trail or proof of income.

These are the things you need:

1. A Paper Trail - A Track Record of On-time Payment in Full: 

Without a paper trail creating a track record on on-time payments by the obligor, the mortgage lender cannot count your support as income.  And you may not qualify for a mortgage without it. 

For the best paper trail, she suggests you have your support payments sent directly to state.  The slight time delay (from spouse to state to you) is more than made up for by the benefits of state-tracking and collection assistance for support arrears.  Plus, state-tracked child support arrears can become liens on your spouse's post-divorce property; as a result, your spouse cannot refinance or sell that property without paying you!

Otherwise, only accept support by check and make sure you photocopy and keep a record of each support check you receive.

2. A Court Order Requiring Support for at Least 3 Years from the Date Your Mortgage Closes:

Lenders require a court order continuing child support for 3 years before it counts as income.  The same is true for alimony/spousal support.

You must actually receive support payments ontime, in full for 3 to 12 months before lenders will approve a mortgage, depending on the loan program.

The bottom line:  A mortgage professional can help you determine your best options now for a stronger financial future!  And sooner is always better in divorce real estate.

SOURCE: ActiveRain.com

New Options for Child Support Payments

 

 

By Sue Varon, Esq. and Jennifer Varon

 

            Non-custodial parents pay child support in a variety of ways.   Divorced parents should be provided with all possible options for making these payments.  Some new options have emerged both in the public and private sectors.

 

            Perhaps the most common way child support is paid is through an income withholding or income deduction order, which is issued to the employer of the payor, and mandates payment of support directly to the recipient.  In most states income deduction orders have been mandatory unless (1) there is a written agreement between the parties specifying an alternative arrangement, or (2) there is a court order finding good cause against it and finding that the income deduction order is not in the child’s best interest. 

 

            However, income deduction orders can be problematic.  If the payor is self-employed, periodically unemployed, or is paid only on commission, income deduction orders may have little effect.  Moreover, many payors do not wish to disclose to their employer their private matters. Also, some employers refuse to comply without a court order.  Further, recipients of support do not want the payor to know their bank account information, which would be necessary if the payor’s employer is to follow the income deduction order.

 

            Most states have established agencies for the enforcement of child support orders.   The problem is these agencies have huge case overloads, suffer intermittent backlog of work, and delay in transferring payment to recipient.  Consequently, many custodial parents have to resort to private suits for enforcement through contempt, garnishment, and use of private child support enforcement companies. Problematically, many private child support enforcement companies charge astronomical fees for their services, deducting a large percentage (as high as 34%) from the child support collected, and in addition, charge annual fees (some as much as $500).

 

            In reality, most divorce cases settle privately and, divorce lawyers draft settlement agreements providing for the required “alternative arrangement” for child support payment.  The settlement agreements include the amount of monthly support due, the manner it shall be paid, how often, and until when.  A paragraph should also be included in the settlement agreement that provides if payments fall behind more than 30 days, garnishment for support is allowed. 

 

            The most common manner of private payment is still paper check.  Of course, the worst delivery method is through the child, at the conclusion of the payor’s visitation time.  When mailed, payment by check sets up the classic problem of “the check is in the mail” and real or false accusations of late receipt. 

 

            Both payors and recipients of support complain that they hardly use paper checks anymore.   Payors do not want to deal with mailing support checks when they pay most bills online.  Recipients do not want to deal with waiting to get the check in the mail, driving to the bank, and waiting in line, to deposit the check. Further, if the recipient is out of town when the check arrives, the deposit will be delayed even further.

 

            Most people do not want to use the government agencies to transfer the support from payor to payee. The parties have been involved in the court system during the divorce process. After the conclusion of the case they want to handle things privately, outside of government involvement. The solution: payment of child support online by credit card through a private company, rather than the government. Using a rewards credit card to pay support could allow the payor to earn cash back rewards or frequent flyer points. Better yet, setting up payments on a recurring basis would be convenient to the payor. The benefit to the recipient would be receiving the full amount of support conveniently directly deposited into their account whether they are home or not on the date support is scheduled to arrive. Bringing the payment of child support into the 21st century would prevent a lot of post-divorce conflict that too often happens.

 

SupportCertain is the brainchild of Sue Varon, a Georgia family law attorney and her daughter, Jennifer, an accountant with a Master’s Degree.  The company was established to provide divorced parties with “the peaceful way to pay”, minimizing interaction between the parties, while providing them with a way to make and receive support directly and on time. For further information, visit www.supportcertain.comor contact SupportCertain at jennifer@supportcertain.comor at 404 551-4849.

             

More Moms Paying Child Support, Say Top Divorce Attorneys

More women are paying child support these days, according to the latest survey of the American Academy of Matrimonial Lawyers (AAML). In all, 55% of the respondents have cited an increase in the number of mothers who have been assigned to make child support payments over the past five years. Additionally, 42% of the divorce attorneys have seen the size of overall payment amounts rise during the same period of time.

"The changes in our society are almost always reflected in divorce courts and the legal system. The issues involved with child custody payments are certainly not an exception," says James Hennenhoefer, president of the AAML. "If one spouse is better suited to provide financial care, it is in the best interests of the court and all parties involved to put the needs of the child first.

Interestingly enough, results from the survey revealed that only 1% of AAML members have seen an increase in fathers making child support payments during the past five years. There was a response total of 44% who noticed no difference.

In addition to the question regarding which party is now making child support payments, the divorce lawyers have also cited changes in the size of those payments. Overall, 42% of the respondents said that the amount a spouse must pay has actually increased over the last five years. Only 14% said the payments have gotten smaller, while 44% have cited no change in payment totals during the five year time frame.

SOURCE: Market-Watch

Georgia tops at seizing economic stimulus checks

Almost 30,000 lose rebate because they owe back taxes

More federal economic stimulus checks have been intercepted to pay back taxes in Georgia than in any other state.

Nationally, by the time most of the checks had been mailed out in early August, about 223,000 payments had been diverted to states because the recipients owed back state income taxes. States have collected $85.7 million in stimulus checks for back taxes.

New York and Maryland ranked second and third, with just over 20,000 payments intercepted.

A National Conference of State Legislatures report in late July said states across the country were facing a cumulative shortfall of more than $40 billion this fiscal year. So the $85.7 million they have received so far from the stimulus checks won’t solve their fiscal problems.

Georgia isn’t necessarily number one because it has more people owing back taxes. Georgia Revenue Commissioner Bart Graham said the state may be tops simply because it is more aggressive in going after people who owe back taxes. Some states with much larger populations, such as California, have had far fewer stimulus checks intercepted for back taxes, according to federal figures.

Georgia joined a federal “offset” system about five years ago. That allows it to get all or part of federal tax refunds due to Georgians who owe back state income taxes. Using that program, Graham said the state has collected $136.6 million for back taxes through August 2008.

In all, the Department of Revenue has collected more than $400 million over the past few years from special programs aimed at getting delinquent taxpayers to pay up.

That money has come in handy at a time when the sluggish economy has brought a downturn in income and sales tax collections.

“If you look at where we would be without that ($400 million), we would be in a much more dire situation,” Gov. Sonny Perdue’s spokesman, Bert Brantley said.

Graham said 52,000 people in Georgia have liens against them because they owe back state income taxes.

Stimulus checks are not just being seized by state governments for back taxes. The Associated Press recently reported that more than 1.4 million checks have been seized by child support collection agencies.

As a result, the federal program meant to stimulate the economy has provided Georgia’s struggling state government with an $8.3 million shot in the arm. And it’s left at least 28,305 Georgians who owed back state income taxes with either no stimulus check or a partial one.

SOURCE: Atlanta Journal-Constitution (AJC.com) in an article written by JAMES SALZER

Presidential Election 2008: About Child Support

Find Out Where the Presidential Candidates Stand on Child Support Collection Issues

This year’s presidential candidates have oddly symbiotic positions on child support: Democrat Barack Obama believes more parents should pay it, and Republican John McCain paid it.      

Child support collection is hardly a front-and-center issue in the presidential race, but with 15.8 million cases in the national enforcement program, it’s a compelling one for custodial parents across the country.

Of the two candidates, Obama has addressed the issue most directly, making responsible fatherhood one of his campaign’s themes and including improved child support collection in his platform. McCain’s record is longer but more muted. He also has firsthand knowledge of the system, having paid $300 a month to support his three children by his first wife, whom he divorced in 1980.      

Neither campaign returned phone calls seeking comment on the issue.

Vicki Turetsky, director of family policy for the Center of Law and Social Policy in Washington, said that while child support advocates strive for nonpartisan evenhandedness, “looking at the legislation out there, Sen. Obama has legislation that speaks directly to our child support priorities, and Sen. McCain does not.”      

Child support collection has improved nationally in the last decade, increasing from $14 billion in 1998 to almost $25 billion in 2007, according to preliminary data. But those improvements are threatened by a $4.9 billion cut that Congress passed three years ago, which eliminated federal matching funds for enforcement efforts, and is just now starting to make its effects known.      

The funds paid for additional caseworkers and better technology, and the Congressional Budget Office estimated that cutting them would result in $24 billion less in collections over the next decade. “If the funding cut is allowed to stand, the child support enforcement program will lose ground,” Turetsky said.      

Obama voted against the original bill, the Deficit Reduction Act, which cut nearly $40 billion from the federal budget by making changes welfare, child support and student lending programs. McCain voted in favor of the bill, but before the House added the provisions slashing enforcement.      

Two bills in Congress would restore funding, including one introduced by Obama. The Child Support Protection Act, introduced by Rep. Jim McDermott, D-Washington, would place a moratorium on the 20 percent spending cut imposed by the 2005 Deficit Reduction Act. Child support advocates hope it will pass before Congress recesses in late September. Obama is one of 38 co-sponsors; McCain is not.      

The second bill, the Responsible Fatherhood and Healthy Family Act, is sponsored by Obama and Democratic Sen. Evan Bayh of Indiana. In addition to restoring funding, it includes provisions to promote fatherhood and healthy parenting and bars states from treating imprisonment as “voluntary unemployment.” It also ensures all collections go to families, rather than to reimburse the state for money spent on welfare payments to the custodial parent and child. (Research has shown fathers are likely to pay more when the money goes to their families, Turetsky said.)      

Advocates don’t think the bill will pass during this session, but given its sponsors, it has promise. “I think it has a pretty good shot of either passing as a bill or pieces of that bill ending up in other legislation,” Turetsky said, but knowing for sure “requires me to read the tea leaves on the election.”      

Unlike Obama, McCain has no clear positions staked out on the issue of child support enforcement. There’s no mention of it on his campaign or Senate Web sites, and he hasn’t introduced legislation related to it. However, he’s been in the Senate 18 years longer than Obama and so has voted on more child support bills.

In 1988 he voted in favor of the 1988 Family Support Act, which required each state to build a single, automated system for child support collection and distribution. Eight years later he supported further changes to the child support infrastructure, which were folded into the 1996 bill that overhauled welfare. The bill pressed automation requirements further, expanded states’ authority to establish paternity and toughened enforcement measures.      

McCain also was in the Senate when it passed the 1998 Child Support Performance Incentive Act with unanimous consent. It established five benchmarks for good performance on child support enforcement that states needed to meet to qualify for additional federal funding.

SOURCE FOR POST: Divorce360.com

SOURCE FOR IMAGE: FoxNews.com

Richmond County deputies arrest deadbeat parents

Pay up or get locked up. That's the message Richmond County is sending to deadbeat parents.

During a week-long sting, the county's crime suppression team arrested moms and dads who owe thousands of dollars in back child support payments. Deputies arrested more than 70 people out of 168 warrants. One father owed more than $87,000 in back pay.

“His last payment was made January 31, 2005. He literally packed up in the middle of the night and moved," said a mother.

The single mom, who didn't want to be identified, says she's been waiting on this day for a long time. The father of her child owes $12,000 in back child support.

"It's been a real struggle. She needs glasses and braces. All that cost money," said the mother.

Officers went door to door hunting down deadbeat parents. Those arrested faced a judge Friday.

"There are thousands of children not receiving support and millions of dollars are due to children in the community," said Judge Sheryl Jolly, Superior Court.

Jolly is one of the judges behind this operation. She sees about 50 child support cases a week. She says most of the parents who are behind on their payments don't have a steady job.

"They don't have regular employment, lack the skills of a regular job or are just lazy and don't want a job to get out of paying these obligations," said Jolly.

But one father who was arrested doesn't agree.

"I should be given a chance to pay my child support now that I have a job. I wouldn’t be out in the heat and rain if I wasn’t going to pay. Now we're getting locked up," he said.

He didn't want to be identified, but says the problem isn't just when the dads don't pay up. It's also how the moms are spending the money.

"When the father does pay, the mother misuses it by going out to the clubs or spending it on her friends," he said.

"For every one of those, there's a thousand where the custodial parent needs the money to support the child," said Jolly.

Support deputies say deadbeat parents will have to give if they want to get out of jail.

"The message we are trying to get across , if you are not paying your child support, catch it up or we'll come pick you up," said Cpl. Hal Hitchcock, Richmond County Sheriff’s Office.

Judge Jolly tells NBC Augusta Richmond County plans to conduct these child support sweeps throughout the year.

Parents had to pay their child support in full to get out of jail. Most in court were given the option of paying $500 upfront and setting up payments for the balance or spend 30 days in jail.

SOURCE: NBCAugusta.com

Significant Change in Computing Gross Income for Members of the Armed Forces

Today's post is from guest blogger William John Camp of Warner Robins and the law firm of Westmoreland, Patterson, Moseley & Hinson. In my opinion (and in the opinion of many other attorneys in Georgia) John is the premier attorney in Georgia of family law issues related to the military. He has been invited by the Chair of the ABA Military Family Law Committee to draft legislation that would provide greater protection to members of the Armed Forces who are deployed to locations that will interfere with their custody/visitation of their children.  He also worked with the Georgia Child Support Commission and wrote the section on the Amendment that concerns computing Gross Military Income.

Mr. Camp has 22 years of legal experience as an active duty Air Force Staff Judge Advocate to assist military and federal civil service clients in addressing their Family Law matters. Whether it is federal benefits, pensions, child support, or complex custody and visitation matters, Mr. Camp knows first hand the problems faced by members of the Armed Forces and the federal civilian work force when they proceed through a separation or divorce.

His 31 years experience as an attorney is not reserved just for his firm's military clients. He practices exclusively in Family Law and provides all of his clients with practical and down-to-earth advice when addressing their concerns.  His experience and steady manner brings confidence to a turbulent time in our clients' lives.

A frequent speaker for the Georgia Institute on Continuing Legal Education and Mercer Law School, Mr. Camp lectures to other attorneys across the State of Georgia on dividing military and federal retirement pensions, international issues on custody and support, and general family law matters.

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In the 2008 Amendments to the Georgia Child Support Guidelines, there has been a significant change in how we compute Gross Income for Members of the Armed Forces.  The effect of the new law is to limit what is included in Gross Monthly Income to be (in most cases) only three components:  (1) Base Pay; (2) Basic Allowance for Subsistence (BAS); and, Basic Allowance for Housing (BAH) at the without dependent rate determined without in any area of assignment variable housing costs.  The Judge or Jury may, however, include Special and Incentive Pay; Family Separation Allowances, and Cost of Living Allowances if it chooses.

The BAH figure that will be used is found in the 2008 Military Pay Tables accessable at the Defense Finance and Accounting Service Website: ( http://www.dfas.mil/militarypay/militarypaytables.html).  At page 2 of the 2008 Pay Chart, there is a Table entitled "BAH RC/T" with columns showing the "with dependents" and "without dependents" rates based upon Pay Grade.  The column with the "without dependent rates" is the one that will be used to compute Gross Monthly Income.  This rates in these two columns are the portions of the BAH that does not have "location variable housing costs".  (For Authority, see:  http://www.defenselink.mil/militarypay/pay/bah/02_types.html)

If an attempt will be made to include the Military Member's Cost of Living Allowances, Family Separation Allowances, Special and Incentive Pay items, etc., the computation of the monthly gross pay becomes much more complicated. 

Military Bonuses are ALWAYS included in computing gross monthly income.  However, only a few military members receive bonuses, and they are typically paid one each year and do not appear in their Military Leave and Earnings Statement.  They would however, appear in the their IRS Forms W-2.

If You Owe Back Support, Don’t Expect Your Stimulus Check

The IRS is treating the stimulus checks as if they were tax refunds. On their website, the IRS indicates that the amount of the stimulus check will be reduced or seized if :

• You are single and your net income tax liability is less than $600. If you file Form 1040 net income tax liability is the amount shown on Line 57, plus the amount on Line 52.
• You are married and your net income tax liability is less than $1,200.
• You are single and your adjusted gross income (AGI) is more than $75,000. On Form 1040, AGI is the amount on Line 37.
• You are married filing a joint return and your AGI is more than $150,000.
• You owe back taxes that reduced your payment.
• You have non-tax federal debts such as unpaid student loans or child-support obligations that reduced your payment.

If the IRS is reducing or seizing your stimulus check, they are supposed to mail you a letter of explanation.

So what do you do if you and your spouse have filed a joint return and your spouse owes back child support if you want to avoid having the IRS seize your share? Well, you may fall in the category of what the IRS calls an ‘injured spouse’. To get your share of the stimulus payment, you can file Form 8379, Injured Spouse Allocation. You will then get your share of these payments, and your spouse’s share will be applied to his or her past-due federal or state income taxes or non-tax federal debt such as student loans and child support.

If you are wondering where your stimulus check is, you can initiate an inquiry to the IRS by clicking here.

Also, remember that the IRS NEVER initiates any email to taxpayers, so don’t fall for one of those internet scams about receipt of your stimulus check!

SOURCE: Ohio Family Law Blog

SOURCE FOR POST: Divorce Help Network

'Bad Dads' Reality Show Would Get Child Support Delinquents to Cough Up Cash

A new reality show that could get the go-ahead on FOX plans to hunt down deadbeat dads and hit them up for the child support they owe.

FOX confirmed it has requested the pilot of the program tentatively titled "Bad Dads" by the network that has churned out such reality successes as "The Moment of Truth" and "Cops."

"We ordered the pilot for review — that's it," FOX Broadcasting Co. spokesman Scott Grogin told FOXNews.com. 3Ball Productions, of "Beauty and the Geek" and "For Love or Money" fame, is behind the project.

National Child Support Center Director Jim Durham will play the impoverished-mom savior/deadbeat-dad cop figure, according to The Hollywood Reporter. He'll track down the support payment delinquents and ultimately face off with them while the cameras roll.

The pilot will follow the story of a struggling mother and her high-rolling ex-husband, whom Durham finds and confronts at his country club, according to the Reporter.

"(Durham) calls them on the phone and gives them the chance to do the right thing," executive producer JD Roth told the industry trade publication. "Of course, those calls are never met with anything but yelling. Then he ... finds out what kind of assets they have and makes their lives miserable.... He will squeeze them until the women get paid."

SOURCE: FoxNews.com

Man to get child support back

Parents owe $14,460 in case of mistaken paternity, judge says

Judge David Roper said he felt badly for Kenneth Samuels when he learned the child he had fathered for 11 years wasn't his.

Justice was also shortchanged, the judge said, because Mr. Samuels had been paying child support all of those years.

Last month, Judge Roper ruled that Jamie Hope, the child's mother, and Oba Wallace, the child's biological father, would have to repay Mr. Samuels $14,460 in child support he had paid since 1997.

Such an order is unusual, but not unique.

"We have seen it happen before," said Sandra Jarrett of the state's Child Support Recovery Unit.

Usually there is no intent to defraud, Ms. Jarrett said. Mothers who have had relationships with more than one man might not know who the biological father is without a DNA test.

Ms. Jarrett estimated 40 percent to 45 percent of their new cases are filed by a custodial parent who never married, and a DNA test is requested to establish paternity.

Child Support Services helps about 30,000 families in Richmond, Columbia and Burke counties. Across Georgia, 500,000 families are assisted, Ms. Jarrett said.

In Mr. Samuels' case, it began April 22, 1997, when Ms. Hope opened a Child Support Services case that named Mr. Samuels the father of her child.

Mr. Samuels said he never had any reason to doubt the child was his. He signed the birth certificate, and he consented to an order to pay child support.

Mr. Wallace told the judge at a hearing last summer that he heard from different people that the child looked like him. The child called him daddy when she saw him in town, Mr. Wallace said.

Mr. Wallace said he told Ms. Hope he would take care of the child financially if he was the biological father. They decided to get a DNA test last summer, Mr. Wallace said.

The DNA test proved Mr. Wallace was the biological father, and he filed a court petition to legally establish paternity. The case was assigned to Judge Roper, who had no problem with signing the order that established legal paternity. But he said he was troubled by the position in which it left Mr. Samuels.

The judge questioned Mr. Wallace and Ms. Hope about when they first suspected Mr. Wallace was the biological father. Both eventually admitted it was around the time the child was 2.

"I've never heard (of) this gentleman until this year, and I never knew that she was seeing anyone else," Mr. Samuels told the judge last summer.

Ms. Hope told the judge she wanted a paternity test in 1997 when the baby was born but that Mr. Samuels declined. He denied that.

"You swore that he was the father when you took out a child support action," Judge Roper told Ms. Hope. He said he considered that action fraudulent and ordered Ms. Hope to repay Mr. Samuels the $14,460 he had paid in child support payments.

In February, Judge Roper ruled Mr. Wallace was liable to Mr. Samuels for the back child support, too. Judge Roper said in explaining his ruling that once paternity is established, a father can be required to pay back support to the time of birth. Since Mr. Wallace's paternity was established, he was responsible for the child support since the birth in 1997, and responsible for repaying Mr. Samuels.

Ms. Jarrett said that when a child support case is opened, the man identified as a child's father can request a DNA test. If the test comes back negative, the case against that man is closed. If it is positive, then paternity is established and Child Support Services works to obtain a court order for child support.

A man can also petition the court directly to request a legal determination of paternity, which is what Mr. Wallace did.

Paternity establishes who is responsible for the financial support of a child. If a father also desires visitation rights, he must legitimize the child, too, Judge Roper said. Although Child Support Services cannot help with visitation issues, the office can refer parents to mediation.

Child Support Services will help fathers with employment issues. It operates the Georgia Fatherhood Program to provide job counseling, training, educational assistance, placement assistance and other services. In Georgia, 25 percent of children have a case with the Child Support Services, according to the state Department of Human Resources.

SOURCE: AugustaChronicle.com in an article by Sandy Hudson

Child Support Payments and Getting a U.S. Passport

Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport . If this applies to you, Passport Services strongly recommends that you contact the appropriate State child support enforcement agency to make payment arrangements before applying for a passport. This is because:

• The State agency must certify to the U.S. Department of Health and Human Services (HHS) that acceptable payment arrangements have been made.
• Then, HHS must notify Passport Services by the removal of your name from the electronic list HHS gives to Passport Services. (Passport Services cannot issue a passport until your name has been deleted by HHS.)

Please note that it can take 2-3 weeks from the time you make payment arrangements with the State agency until your name is removed from HHS' electronic list. Passport Services has no information concerning individuals' child support obligations and has no authority to take action until HHS removes your name from its list.

Please direct any questions to the appropriate State child support enforcement agency. You may go to the Department of Health and Human Services - State Child Support Enforcement Web Site for a listing of HHS state and local agencies.

SOURCE: U.S. Department of State

Related Posts:

Passport: A friend of child support

Passport rules snag child support cash

Lawyer defends his monthly $14K child payments

Renowned trial lawyer Willie Gary had a very personal case before the Georgia Supreme Court Monday.

And for a publicity savvy lawyer, it was clear that this was one case he wanted to avoid scrutiny because it dealt with back child support and a legal blunder: "his own."

"I'm trying not to try this case in the press," he said, and then added with a rueful smile, " because it's mine."

Gary, who is married with four adult children, fathered twins with Atlanta-resident Diana Gowins during what is described as a brief relationship when Gowins was living in the lawyer's home state of Florida.

"She was in Florida training for the 2000 Olympics and she was looking for him to sponsor her," said Robert Moss, Gowins' lawyer.

The twins were born November of that year.

The two reached an out-of-court agreement that states he is to pay child support of $14,000 a month per child but Gary contends that when he signed the document he only meant to agree to $14,000 a month total.

That legal misstep has sparked nearly four years of trial court rulings, contempt charges, and appellate rulings.

Gowins contends $28,000 a month is pocket change for a guy who according to court papers pays $150,000 to maintain his personal Boeing 737 and estimated his personal fortune to be $60 million in 2003.

But Gary argues in court papers that Gowins "had misused, misappropriated and wasted the money he had given her."

He said he paid $500,000 for support payments, college tuition funds, a new house, and child medical payments by 2005 but at that time only $25 remained in the bank for his children.

Gary contends that Gowins agreed the payment should only be $14,000 monthly, plus payments for specific items from the signing of their agreement in 2002 until Gowins filed a paternity suit to enforce the agreement's actual language in 2004.

In 2005, Fulton County Superior Court Judge Cynthia Wright granted Gowins $28,000 in monthly child support.

So far, Gary has lost most of the legal fights with either the trial judge or appellate judges siding with Gowins.

Right now, the high court has to decide whether Wright can force Gary to pay nearly $600,000 in back payments Gowins contends he owes her.

As most deadbeat dads know, a judge can jail them if they don't pay child support. The Gary case is complicated by the fact that while Wright has previously ruled that Gary has to pay the $28,000 a month, she said she could not jail him for nonpayments before her 2005 order. The Georgia Court of Appeals, however, disagreed and ruled Wright had that power.

Gary appealed to the Supreme Court. Gowins appeared confident Monday that the high court would decide in her favor.

"He is doing what he wants to do, not what the courts have asked him to do," she said of her short-time lover.

Gary won a brief victory in 2006 when Wright, apparently fed up with Gowins' spending, reduced the child support payments to $5,000 a month, plus $2500 a month for private school. The judge had previously chastised Gowins about her spending and suggested she get a job. Gowins told the court she had the right to be a stay-at-home mom.

But the Court of Appeals reversed that ruling last November.

Gary's lawyers had won the lower payment partly by arguing Gowins had made $95,000 through investing the support money.

"The irony is that they had earlier argued that she had squandered that money and lost the investment," Moss said. "She made some terrific investments and now they're trying to use the good investment against her."

SOURCE: AJC.com by STEVE VISSER
The Atlanta Journal-Constitution
Published on: 01/14/08 

Georgia Divorce Laws

Residency Requirements for Divorce in Georgia
The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.
[Code of Georgia Annotated; 19-5-5].

Legal Grounds for Divorce in Georgia

1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].
2. General Divorce:
1. Impotence
2. Adultery
3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
4. Alcoholism and/or drug addiction
5. Confinement for incurable insanity
6. Separation caused by mental illness
7. Willful desertion
8. Cruel and inhuman treatment which endangers the life of the spouse
9. Habitual intemperance (drunkenness)
10. Consent to marriage was obtained by fraud, duress, or force
11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
12. The wife was pregnant by another at the time of the marriage unknown to the husband
13. Incest
[Code of Georgia Annotated; 19-5-3].

Legal Separation in Georgia
There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony and Spousal Support.
[Code of Georgia Annotated; 19-6-10].

Simplified/Special Divorce Procedures in Georgia
There are no legal provisions in Georgia for simplified divorce.

Divorce Mediation or Counseling Requirements
There are no legal provisions in Georgia for divorce mediation.

Divorce Property Distribution
Georgia is an "equitable distribution" state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.
[Code of Georgia Annotated; 19-5-13 and Georgia Case Law].

Alimony and Spousal Support
Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are to be considered:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse's separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.

[Code of Georgia Annotated; 19-5-5+].

Spouse's Name After Divorce
If requested, a spouse's name may be restored.
[Code of Georgia Annotated; 19-5-12 and 19-5-16].

Child Custody After Divorce
Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:

1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent's relationship with the child
6. The wishes of the child (considering the child's age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse

There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.
[Code of Georgia Annotated; 19-9-1 to 19-9-51].

Child Support After Divorce
Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents' ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:

1. The age of the children
2. A child's medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent's support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent's own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses

[Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]

SOURCE: Divorce Laws in America

Sample Letter for Medical Expense Notification

Shannon Cavers of the Houston Divorce and Family Lawyer Blog has published several articles on reimbursement of children's medical expenses. This is the second:

Besides just sending the other parent receipts for your child’s medical expenses, you should consider writing a brief cover letter to explain what you are sending. This does not have to be typed or fancy.

A sample letter could be as follows:

*Date*

VIA USPS First Class Mail

VIA USPS Certified Mail, Return Receipt Requested - *certified mail number*

Dear *Parent*:

Enclosed please find receipts for *child’s* medical expenses for the month of *month and year.* My total out-of-pocket expense was *$*. Your portion (*%*) is *$*.

Please let me know if you have any questions.

Regards,

*Your name*

SOURCE FOR POST: Houston Divorce and Family Lawyer Blog

How do I get reimbursed for my child's medical expenses?

Shannon Cavers of the Houston Divorce and Family Lawyer Blog has published several articles on reimbursement of children's medical expenses. This is the first:

One of the many points of contention for divorced parents is the children’s medical expenses. However, with a little advance planning and organization, much of this controversy can be avoided.

Whether you are the primary custodian or the non-primary custodian, the starting place is your final decree of divorce. Your decree should include a section that spells out the provisions for health care. Within that section should be precise language stating how co-payments, out of network services, and uninsured medical expenses are to be handled between the parents. Your decree may differ, but usually, the parents split the cost of any medical co-payments, prescription drugs, and uninsured medical bills.

After reviewing your decree to understand the rules, the next step is to keep good records. If you take the child to the doctor, always request a receipt that clearly shows the cost for the office visit or service, the amount of the co-pay remitted (if any), and the amount to be submitted to the insurance carrier. If you are the parent who took the child to the doctor, then keep a copy of your canceled check or credit card statement to show payment was made.

An area where I see many of my own clients go off track is notification of the other parent. Do not rely on just verbal notification to obtain reimbursement, and above all do not make your children the messenger that one parent owes the other. Also, do not keep a backlog of these bills and/or send them on a sporadic basis. Instead, provide copies of the billing statements, prescription receipts, etc. to the other parent on at least a monthly basis so he/she knows what was provided and how much he/she must pay. If you anticipate difficulty in getting reimbursed for medical expenses, then it is critical to send copies of all documentation via USPS First Class Mail and via USPS Certified Mail, Return Receipt Requested. If the other parent does not pick up certified mail, and if the regular mail was not returned to sender for a bad address, then the presumption is that the parent received the bills. This is very important evidence should you need to file an enforcement action against the other parent.

To reiterate, the keys are:  (1) knowing the rules established in your divorce decree, (2) keeping good records, (3) communicating effectively, and (4) maintaining proof of those communications.

SOURCE FOR POST: Houston Divorce and Family Lawyer Blog

Man buys truck, can't get tag

"I need help, I need help getting my vehicle registered," Barry Finch told me last week.  The problem: child support, not his, someone else's.

Back track to August.  Finch bought a pickup and when he went to the DMV (Department of Motor Vehicles) to get his license plate and registration he was told that the previous owner owed back child support.  And because of that, he could not license the vehicle.  "And I kept  going to the DMV and they kept telling me no, you can't get it today."

When Finch bought the truck, the owner gave him what Finch says was a "clear" title, it showed no bank liens.  What he didn't know was that the Child Support Enforcement Office had placed a "hold" on the vehicle in an effort to get the owner to pay his child support.

"Since all this started, I've tried calling child support.  There is no response. I've been calling the guy for two months now every other week," says Finch.

Finch said he had been calling David Lowe, head of the child support office.  Lowe responded to a call from me saying he was unaware of Finch's problem but that he would look into it right away, which he did.  The hold was taken off the vehicle and Finch got his plates.  "Yes, David Lowe  finally called me," Finch told me Tuesday.  "Of course, that was initiated by your call to him.  Thank you very much for being on my side.  It's appreciated"

Lowe says that the law which allows holds to be placed on vehicles in an effort to collect child support is probably up to ten years old.  "It's a good law in many ways in that it really does help children," Lowe says.  "If those who owes child support tries to renew their tags, they won't be able to do it and he'll be forced to pay."

Lowe does acknowledge that in Finch's case, the law worked again an innocent bystander.  But Lowe believes a case like Finch's is rare.  Still, he advises that if you're involved in a private sale, that you check out the possibility of a child support hold beforehand.  He says you can call the Chatham County Tax Commissioner's office at 912-652-6800. Lowe says you can use the vehicle's VIN number to gather information you need. 

While Lowe says what happened to Finch really doesn't happen that often, Finch isn't so sure.  He thinks the law should be changed, at least to protect the innocent.  "I would hate to see another person in the situation I was in for several months," he says.  "You put out good money to buy a vehicle and then you can't drive it."

SOURCE: JoAnn Merrigan at WSAV.com

Ex-NBA player with at least 8 kids files for bankruptcy

By TIM EBERLY
The Atlanta Journal-Constitution
Published on: 11/11/07

Former NBA player Jason Caffey had two kids with his wife before she filed for divorce in Fulton County last year.

He also has had a slew of children — at least six others — with other women around the country, in and around Atlanta as well as in Alabama, Louisiana and Illinois.

Most went to court and got hefty child-support orders from Caffey while he was making millions playing professional basketball. Once he left the NBA in 2003, though, Caffey's well of cash dried up like the shores of Lake Lanier.

But he was still on the hook for the payments. Now he has filed for bankruptcy in Alabama to get the women — and law enforcement — off his back.

Caffey's attorney in Atlanta says his client agreed to the high payments because he could afford it. In a 10-year career with the Chicago Bulls, Golden State Warriors and Milwaukee Bucks, the 6-foot 8-inch power forward made as much as $5 million a season.

Real child support

The following opinion editorial appeared in today's Savannah Morning News and was published on SavannahNow.com:

Work release program allows parents to earn child support dollars.

LOCKING UP parents for failing to pay child support makes as much sense as running a debtors' prison.

That's why Chatham County's decision to begin a work-release pilot program for Savannah area residents who are behind on their court-ordered payments is a smart, humane step.

Putting someone in a crowded jail with no way to earn money does nothing for the immediate need to get funds into the pockets of custodial parents to care for their children.

If anything, it makes it almost impossible for the non-custodial parent to find work. This practice also takes up needed jail space, which should be reserved for dangerous criminals.

And for those non-custodial parents who do have a job, missing time off work because of a jail sentence could mean getting fired.

Pink slips don't solve payment problems.

Lawyer must pay $28,000 a month in child support

Court sides with Atlanta mother of Florida multimillionaire's twins

By BETH WARREN
The Atlanta Journal-Constitution
Published on: 10/30/07

When Atlanta resident Diana Gowins gave birth to twins fathered by a married multimillionaire, she felt her children deserved the finer things in life.

The father, high-profile Florida-based attorney Willie Gary, gave his former lover money for the twins, but when he felt she was misusing the child support, he took her to court in November 2005. Gary convinced Fulton County Superior Court Judge Cynthia Wright to reduce his payments from $28,000 a month to $5,000.

Behind on child support? Forget getting a hunting license in Kansas

Georgia law similarly provides for revocation of driver's, hunting and professional licenses, but the Kansas experience is in the news today:

Hunter's checklist: Note opening dates, scout a likely field, secure permission, check equipment and supplies, pay child support...

The last item on the list is a prerequisite for obtaining a hunting license this year in Kansas. Anyone who is substantially behind won't get a license to hunt, fish, camp at a state park or put a boat into state waters.

Kansas ranks 34th in the nation in percentage of children receiving child support they are due, according to Michelle Ponce, communications director for Kansas Department of Social and Rehabilitation Services. There are 131,000 open child support cases in the state, 97,000 have support orders, meaning the parent is behind, late or not making court-ordered payments, and $610 million is past due to Kansas children.

HB 2393, enacted by the 2007 Legislature, gives Child Support Enforcement another tool for collecting overdue payments.

During the past week, the Kansas Department of Wildlife and Parks has mailed letters to individuals identified as owning significant (usually $5,000 or more, according to Ponce, although the amount is not set by law), and notifying them they will not be able to purchase recreational licenses. When they apply for a license through the state's electronic system, their name will come up with a "denied" message.

Payment of the entire amount is not required, Ponce stressed, but the person must make an initial payment, and arrange a schedule for regular future payments. Once arrangements have been made, SRS will remove the name from the denied list.

Lifetime hunting licenses can be revoked for people who are in arrears.

At least $20,000 has already been collected as a result of the warning letters, Ponce said. SRS officials are hopeful the new law will be effective in reducing unpaid child support.

SOURCE: Carol Bronson at the Pratt Tribune

Child Support Enforcement Glossary

The following list of child support enforcement terms and their definitions is found at the NECSRS / Office of Child Support Enforcement website:

Accrual

Sum of child support payments that are due or overdue.

Action Transmittal

Document sent out as needed, which instructs State child support programs on the actions they must take to comply with new and amended Federal laws. Has basis in Federal law and regulation.

Adjudication

The entry of a judgment, decree, or order by a judge or other decision-maker such as a master, referee, or hearing officer based on the evidence submitted by the parties.

Automated Administrative Enforcement of Interstate Cases (AEI)

Provision in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) giving States the ability to locate, place a lien on, and seize financial assets of delinquent obligors across State lines.

Administrative Procedure

Method by which support orders are made and enforced by an executive agency rather than by courts and judges.

Administration for Children and Families (ACF)

The agency in the Department of Health and Human Services (DHHS) that houses the Office of Child Support Enforcement (OCSE).

Affidavit

A written statement signed under oath or by affirmation, which is usually notarized.

Aid to Families with Dependent Children (AFDC)

Former entitlement program that made public assistance payments on behalf of children who did not have the financial support of one of their parents by reason of death, disability, or continued absence from the home; known in many States as ADC (Aid to Dependent Children). Replaced with Temporary Aid to Needy Families (TANF) under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).

(See also: Personal Responsibility and Work Opportunity Reconciliation Act)

Alleged Father

A person who has been named as the father of a child born out of wedlock, but who has not been legally determined to be the father; also referred to as putative father.

Child Support - An Overview

There are more than 13 million divorced parents in America with children under the age of 21. Typically, one of the parents has physical custody and relies on child support paid by the other pare nt. Statistics show that when all child support is paid as agreed in the divorce decree, both parents remain involved with their children and the children usually have an acceptable standard of living. Conversely, when child support is not paid custodial parents and their children are at risk for financial turmoil. Unfortunately, a disproportionate number of divorced single parents and their children do not receive child support and live below established poverty levels.

Enforcing the obligation to pay child support is a national priority. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier. Each state has different guidelines for establishing child support and there are various methods in the law that exist to recover the support you are owed. If you are ending a marriage, already divorced, or are trying to make your child's other parent legally responsible, it is important to consult with a family law attorney. An attorney with experience in the area of child support will help you understand the laws in your state and the rules for child support collection and enforcement that apply to your particular situation.

Georgia Divorce Laws

The increase in divorce has its effect, directly or indirectly, on virtually every family in the country. The following information is designed to summarize briefly Georgia's divorce laws.

Marriage is a civil contract which the state has an interest in preserving. Accordingly, the marriage relationship can be dissolved only as provided by law, by either a divorce or an annulment. It also may be altered by a decree of separation granted by our courts. In any case, there must be a proceeding in the Superior Court of the county in which the person seeking the divorce, separation decree or annulment must prove "grounds" (valid reasons prescribed by law).

What are the grounds for divorce in Georgia?

In Georgia there are 13 grounds for divorce. One ground is "irretrievably broken" (sometimes referred to as the "no-fault" ground). The other 12 grounds for divorce in Georgia are "fault" grounds.

What is a "no-fault" divorce?

To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party.

What are the "fault" grounds?

To obtain a divorce on one of the 12 "fault" grounds, one must prove that there was some wrongdoing by one of the parties to the marriage.

As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual.

Another "fault" ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least a year. Other "fault" grounds include mental or physical cruel treatment, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness.

Is there a residence requirement for getting a divorce in Georgia?

Yes, one spouse must have lived in the state of Georgia for six months or Georgia must have been the last domicile of the marriage.

Must the husband and wife live apart when a divorce complaint is filed?

No, but the spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house, if they are not sharing the same room and/or not having a sexual relationship.

How does one file for a divorce?

The person seeking the divorce (the plaintiff) will file a document called a "complaint" with the appropriate Superior Court. This complaint includes information on the marriage including present living arrangements, children of the marriage, assets, debts, and the specific reason claimed for seeking a divorce. A copy of the complaint will be served on the other spouse (the defendant) by the sheriff.

Where does one file for a divorce?

A complaint for divorce should be filed in the Superior Court of the defendant's county of residence or, if the defendant has recently moved from the state of Georgia, in the county of the plaintiff's residence. This would be considered the domicile of the marriage. Upon the defendant's consent, the complaint may be filed in the plaintiff's county of residence regardless of whether the defendant has moved from the state of Georgia or not.

What should I do if I receive a complaint for divorce that my spouse has filed?

The spouse who receives the complaint should promptly consult a lawyer. The spouse may contest the reason claimed for the divorce or contest the claims for child custody, child support, alimony or property division by filing an answer with the court. If an answer is not filed within 30 days, the right to contest the complaint may be lost.

Is there a way to live apart without getting a divorce?

A party who wishes to live apart permanently, but who does not want to get a divorce, may file a "separate maintenance" action. The spouses will remain legally married although living apart. The court may order that alimony be paid by one spouse to the other and the court may divide property between the parties.

What is an annulment?

Unlike a divorce, which dissolves a valid marriage, an annulment is a legal decree that the marriage is now void and was invalid from its inception. If there are children born of the marriage, an annulment may not be granted and the marriage may only be dissolved by divorce.

Must I go to court to get a divorce?

Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property and custody and visitation of children. The agreement is presented to the court as a settlement agreement and, upon approval, made an order of the court. The court's order, called a final judgment and decree, concludes the lawsuit. If the parties cannot reach an agreement, a judge or jury will resolve the issues. However, a judge always decides matters of child custody and visitation.

How long does it take to get a divorce?

If there is agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the defendant has been served with the complaint for divorce. If there is disagreement as to any matter, the divorce will be obtained when the case reaches the court, which can take many months.

What happens while I wait to go to court?

Either of the spouses may request a temporary hearing. This hearing is not a final trial. A temporary hearing resolves the issues of child custody, visitation, child support, alimony, debts and possession of property on a temporary basis until the final trial. The judge will issue a temporary order that applies only until the time of the final trial. The temporary order may also prohibit one party from interfering with the other party or the children and prevent the transfer and selling of assets.

What is decided at final trial?

Questions of child custody and visitation are decided by the judge. The judge alone or a 12-person jury (if one of the parties has requested) will resolve all of the financial issues of the marriage, such as division of property, division of debts, alimony and certain findings concerning child support (gross income of both parties and whether any deviations from teh presumptive amount of child support are in the best interests of the child, and if so, what those deviations should be). At the final trial, both spouses present evidence by their own testimony and may call other witnesses. The decision rendered by a judge or jury is written into a court order that is binding upon both parties. The wife's maiden or former name can be re-established if she so desires.

What about the children?

The welfare of children is of major concern to the court. Neither parent is automatically entitled to custody. The judge looks at the best interests of the child when determining  custody. The judge considers many factors when deciding custody, including the age and sex of the child, compatibility with each parent and the ability of each parent to care for and nurture the child. A child more than 14 years of age can choose which parent will have custody upon the consent of the court. The court considers it important for a child to maintain relationships with both parents; therefore, visitation rights are awarded to the parent who is not given legal custody of the child.

May the parents share custody?

The court, in its discretion, can award joint custody instead of sole custody. There are two types of joint custody. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child; joint physical custody means that physical custody is shared by the parents in such a way to assure the child substantially equal time and contact with both parents. In awarding joint custody, the court may order joint legal custody, joint physical custody or both.

What are child support obligations?

The child support law in Georgia changed effective Jan. 1, 2007. The new law is based on an "income shares" model that requires consideration of both parties' gross income. "Gross income" has a very broad definition and encompasses salary, commissions, income from self-employment, bonuses, overtime payments, severance pay, recurring income from pensions, interest and divident income, trust income, capital gains, gifts, prizes, lottery winnings and income from any other source. Once the monthly gross income of each party is determined, the two incomes are added together to get the combined ajusted income amount. A Child Support Obligation Table is then used to get the Basic Child Support Obligation. To use the table, locate the line corresponding with the combined adjusted income amount and then apply the amount in the column that corresponds with the number of children for whom support is being determined. That Basic Child Support Obligation is then applied to each parent's proportionate share of the combined adjusted income.

(For example, if the father's monthly gross income is $3,000 and the mother's montly gross income is $2,000, their combined adjusted income is $5,000, of which the mother's income represents 40 percent and the father's income represents 60 percent. The child support obligation for a family with combined adjusted income of $5,000 per month for two children is $1,297. Thus, if the father is the noncustodial parent, he will pay 60 percent of the child support obligation, $778.20, or if the mother is the noncustodial parent, she will pay $518.80, which is 40 percent of the child support obligation.)

The cost of medical insurance on the child and the cost of work-related childcare will result in the amount of the child support payment being modified with credit being given to the parent who is actually paying these expenses. In addition, the amount of child support may be modified by certain deviations provided it is in the best interest of the child to deviate from the presumptive amount of child support. Examples of deviations may be extraordinary education expenses like private school tuition or tutoring; extraordinary medical expenses; or special expenses which must exceed 7 percent of the basic child support obligation, such as extracurricular expenses, sumer camps, dental insurance, parenting time adjustment or any other appropriate deviation. You can access the guided electronic worksheet used in calculating child support at www.georgiacourts.org/csc. You may also download an Excel version of the worksheet through this same website.

In addition to the child support payment, the court (or parties by agreement) will also designate what percentage each parent will pay of the child's uncovered medical and dental expenses.

In Georgia, both parents have a duty to financially support the child until that child turns 18, marries, dies or becomes emancipated, whichever occurs first. However, if the child has not graduated from high school prior to reaching age 18, then the obligation to support that child continues until the child graduates from high school provided the child remains a full-time student, but not beyond the age of 20.

May I receive money for the children's college?

The court cannot order parents to pay for college. However, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.

What is alimony?

Alimony is payment by one spouse to the other for support and maintenance. The court may grant alimony to either the husband or the wife. Alimony may be for a limited period or until the spouse receiving alimony dies or remarries. It may be paid in one payment of money or property, or it may be paid over a period of time.

What happens to "our" possessions in a divorce?

One of the most difficult and complex areas of divorce is the division of marital property. Marital property is all property acquired during the marriage, except for property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property acquired during the marriage. The judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property.

How will the court order be enforced?

The court order can be enforced by garnishment or a contempt action. A contempt action is filed in the same court that issued the divorce. In addition, support orders can be enforced through the district attorney's office if the non-paying spouse resides out of town.

If my spouse and I agree on all matters pertaining to getting a divorce, do we still need a lawyer?

A lawyer will ensure that all matters that should be resolved in a divorce are resolved. Acting without a lawyer could end up being a costly mistake both to the parties and to their children.

What do I do if I am the victim of family violence?

Georgia has a law protecting victims of family violence. The parties do not have to be married in order for a victim to ask the court for relief. However, the parties have to reside in the same household. A victim of family violence can file a petition with the Superior Court that family violence has occurred in the past and may occur in the future. The court can issue a temporary order granting a variety of remedies, including eviction of the offending party from the residence or providing suitable alternate housing for the victim and children, as well as financial relief.

The victim does not need a lawyer to file a Family Violence Petition. The clerk of the Superior Court in the victim's residing county may provide forms for the Petition or be able to direct a victim to a family violence shelter or social service agency for direction.

SOURCE: State Bar of Georgia

Americus Office of Child Support Services hosts "Settlement Day" for the holidays

Sumter County parents who are behind on child support payments are being offered the opportunity to get back on track with their payments just in time for the holiday season. This opportunity, appropriately called Settlement Day, is being offered by the Georgia Department of Human Resources’ Office of Child Support Services (OCSS) and is extended to all parents with a child support case in Sumter County who are at least two months behind on their payments. Parents wishing to take advantage of this rare opportunity to resolve their child support obligations are asked to report to the Sumter County Courthouse in Americus on November 15th between the hours of 9:00 a.m. to 4:00 p.m.

"Our objective is to ensure that children receive the support they need to help families remain self-sufficient," says OCSS Acting Director Keith Horton. "Settlement Days are one of many initiatives we offer to the public in order to assist them in keeping current with their financial obligations".

Parents who are behind on paying their arrears are in danger of having enforcement actions taken such as seizures of driver’s licenses, passports, lottery winnings, tax refunds and property liens. Over 1000 noncustodial parents in Sumter, Macon, Lee, Webster, Stewart, and Schley Counties were sent letters about this opportunity. However, those who did not receive a letter are welcome to come in and take advantage of the settlement opportunity. OCSS is encouraging any noncustodial parents to participate in this event. All parents should bring a valid driver’s license or other government-issued picture ID, social security card, money orders or cashier’s checks, proof of income and copies of any court orders that involve their children. Those parents who demonstrate a willingness to pay but do not earn enough wages will be referred to the Fatherhood Program, which provides low-income parents who owe child support with counseling and training at state technical colleges so they can increase their earning power.

During the last year’s Settlement Day event, the Americus OCSS collected a total of $109,462.86 in back child support back pay.

SOURCES: Office of Child Support Services and Americus Times-Recorder

Georgia Alimony and Child Support Laws

CHAPTER 6 ALIMONY AND CHILD SUPPORT GENERALLY

19-6-1. Alimony defined; when authorized; how determined; lien on estate of party dying prior to order; certain changes in parties' assets prohibited pending determination.

(a) Alimony is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.

(b) A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.

(c) In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.

(d) Should either party die prior to the court's order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.

(e) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affairs and except for bona fide transfers for value.

Georgia's New Child Support Guidelines FAQ

When [did] the new child support guidelines take effect?

The new guidelines [were] effective January 1, 2007 based on Senate Bill 382 of the 2006 Georgia Legislative Session. The Income Shares guidelines originally were scheduled to be effective July 1, 2006 but this is no longer true. The January 1, 2007 date appl[y] to all cases, old and new.

Can I apply for a modification in my award on January 1, 2007?

Not all will be able to immediately apply for a new hearing on January 1, 2007. Whether you can apply for a hearing immediately after January 1, 2007 depends on the advice of your attorney. But some key factors that apply are whether you or the other parent have had a material change in income or financial status since your last hearing on child support or whether there has been a material change in the child or children’s needs. Additionally, if you asked for and had a hearing for a modification within the past two years, you may have to wait for two years since that last hearing. There are exceptions to the two-year rule.

How can I find the new Income Shares guidelines?

Senate Bill 382 contains the new guidelines. They can be found by clicking here.

What happened to the parenting time adjustment in the new Income Shares guidelines?

Unfortunately, legislative politics forced the removal of the automatic parenting time adjustment. Parenting time of the non-custodial parent is now a generic deviation factor that one can request. The new guidelines assumes no parenting time for the non-custodial parent, so theoretically a non-custodial parent could ask for a deviation when exercising any parenting time. However, the Georgia Child Support Commission has been given the specific task of looking further at the issue of parenting time adjustments.

Is there a publicly available calculator for the new guidelines?

Yes, public calculators can be found on the Georgia Department of Human Resources web site. Click here.
https://services.georgia.gov/dhr/cspp/do/public/SupportCalc

SOURCE: Guideline Economics

Passport: A friend of child support

Georgia and other states are benefiting from an aggressive federal initiative to prod wayward parents into honoring their child support obligations — holding back their passports.

Apparently, scofflaws are quicker to make good on their back support when a Caribbean vacation is in jeopardy. In the last fiscal year, Georgia collected $661,727 from offenders facing canceled sojourns in Europe or conferences in Asia. In one case, the threat of a passport denial prompted a delinquent parent to turn over $52,000 in owed support. The money collected is sent to the custodial parents and children.

"Although vacationing is important, nothing is more important than our obligations to our children," says Georgia Office of Child Support Services Director Cindy Moss.

The federal Passport Denial Program allows the withholding of passports from noncustodial parents who owe more than $2,500 in back support. Once the parents pay up or arrange a payment schedule approved by their state child support enforcement agency, the federal government resumes the passport application or renewal process.

In the first half of 2007, states collected more than $22.5 million through the passport program. That large payoff reflects changes this year requiring that Americans visiting Canada, Mexico, Central and South America, the Caribbean and Bermuda must for the first time have passports to return to the country. As a result of that new rule, applications for passports surged this year. So did child support repayments.

Increasingly, states are finding creative ways to collect unpaid child support, which is estimated to run in the billions of dollars. They can suspend or deny professional, occupational and driver's licenses, and seize bank accounts, property or cars.

Such zealous efforts benefit not only the children, but the taxpayers who are often called upon to provide basic services to the child who is not receiving court-ordered support. If parents can afford airline tickets, they can afford to contribute to the welfare of their children.

SOURCE: Atlanta Journal Constitution and a story by Maureen Downey

Broncos player ordered to pay child support in Georgia

Travis Henry reportedly fathered nine children in four states

Story By TY TAGAMI
The Atlanta Journal-Constitution
Published on: 08/25/07

Travis Henry just got tackled by a $3,000-a-month child support judgment.

Sure, the Denver Broncos running back has a $25 million contract and a base monthly salary approaching $50,000, but that kind of bill can still crimp your style when you're accustomed to expensive cars and fancy jewelry — and lots of other child support payments.

Henry, 28, has fathered nine children by nine women in at least four Southern states and has been ordered by various judges to provide child support for seven of them, according to court records involving one child living in DeKalb County.

DeKalb Superior Court Judge Clarence Seeliger this week ordered Henry to provide $3,000 a month for the Lithonia boy he fathered out of wedlock three years ago with Jameshia Beacham, now 29.

Henry isn't the most thrifty guy, according to court records, so the judge wants to ensure payment by establishing an unusual $250,000 trust that Henry must fund by next spring.

Seeliger wrote that the football player displayed "bad judgment in his spending habits," dropping $100,000 for a car and $146,000 for jewelry. Meanwhile, Henry fell behind on support payments for his child with Beacham that were mandated by a previous order. Threatened with jail, he borrowed $9,800 from his former team, the Tennessee Titans, to pay the bill, according to court records.

Passport rules snag child support cash

New regulations snarled travel this summer, but uncovered scofflaws

WASHINGTON - The price of a passport: $311,491 in back child support payments for a U.S. businessman now living in China; $46,000 for a musician seeking to perform overseas, and $45,849 for a man planning a Dominican Republic vacation.

The new passport requirements that have complicated travel this summer also have uncovered untold numbers of child support scofflaws and forced them to pay millions.

The State Department denies passports to noncustodial parents who owe more than $2,500 in child support. Once the parents make good on their debts, they can reapply for passports.

Now that millions of additional travelers need passports to fly back from Mexico, Canada, the Caribbean and South America, collections under the Passport Denial Program are on pace to about double this year, federal officials told The Associated Press.

In all, states have reported collecting at least $22.5 million through the program thus far in 2007. The money is then forwarded to the parent to whom it is owed.

Some people never learn.

CHILD SUPPORT ENFORCEMENT TERMS

The following list ofterms and acronyms, used in Child Support Enforcement cases, is found at Legal Help USA:

Accrual

Sum of child support payments that are due or overdue.

Action Transmittal

Document sent out as needed, which instructs State child support programs on the actions they must take to comply with new and amended Federal laws. Has basis in Federal law and regulation.

Adjudication

The entry of a judgment, decree, or order by a judge or other decision-maker such as a master, referee, or hearing officer based on the evidence submitted by the parties.

Automated Administrative Enforcement of Interstate Cases (AEI)

Provision in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) giving States the ability to locate, place a lien on, and seize financial assets of delinquent obligors across State lines.

Administrative Procedure

Method by which support orders are made and enforced by an executive agency rather than by courts and judges.

Administration for Children and Families (ACF)

The agency in the Department of Health and Human Services (DHHS) that houses the Office of Child Support Enforcement (OCSE).

Affidavit

A written statement signed under oath or by affirmation, which is usually notarized.

Aid to Families with Dependent Children (AFDC)

Former entitlement program that made public assistance payments on behalf of children who did not have the financial support of one of their parents by reason of death, disability, or continued absence from the home; known in many States as ADC (Aid to Dependent Children). Replaced with Temporary Aid to Needy Families (TANF) under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).

(See also: Personal Responsibility and Work Opportunity Reconciliation Act)

Alleged Father

A person who has been named as the father of a child born out of wedlock, but who has not been legally determined to be the father; also referred to as putative father.

Arrearage

Past due, unpaid child support owed by the non-custodial parent. If the parent has arrearages, s/he is said to be "in arrears."

Assignment of Support Rights

The legal procedure by which a person receiving public assistance agrees to turn over to the State any right to child support, including arrearages, paid by the non-custodial parent in exchange for receipt of a cash assistance grant and other benefits. States can then use a portion of said child support to defray or recoup the public assistance expenditure.

Automated Voice Response System (AVR)

Telephone system that makes frequently requested information available to clients over touch-tone telephones.

CHILD SUPPORT RESOURCE LIST

Child Support Enforcement

3201 Atlanta Industrial Parkway
Suite 104
Atlanta, GA 30331
(404) 505-4907 (Virtual Call Center)
(404) 657-3862 (Customer Service Unit)

Send Payments to:

P.O. Box 1600 (Non-custodial parent)

P.O. Box 1700 (Out of state)

P.O. Box 1800 (Employer)

Carrollton, GA 30112

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Child Abandonment

Fulton County Solicitor's Office
160 Pryor Street, Suite 135
Atlanta, Georgia 30303
404-730-4752

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Family Law Information Center (FLIC)

185 Central Avenue, Suite 704
Atlanta, Georgia 30303
404-335-2789

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Atlanta Volunteer Lawyers

235 Peachtree Street
North Tower
Suite 1750
Atlanta, Georgia 30303
404-521-0790
Serves: Fulton County
Hours: 9:00-12:00 M,T,W,F

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Atlanta Legal Aid Society

151 Spring Street, NW
Atlanta, Georgia 30303
404-524-5811
Hours: 9:00-5:00 M-F
Serves: Fulton, Dekalb, Gwinnett, Cobb, and Clayton Counties

SOURCE: Family Law Information Center, Superior Court of the Atlanta Judicial Circuit
Atlanta, Georgia

Frequently Asked Questions About Child Support

WHAT IS CHILD SUPPORT?

Child support is assistance (usually financial), which is owed by parents to and for the benefit of a child. It is the public policy of the state of Georgia to require parents to provide adequate support for their minor children. Parents cannot waive a child's right to receive child support.

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WHERE CAN I FIND INFORMATION ABOUT CHILD SUPPORT GUIDELINES?

The new Georgia Child Support Guidelines went into effect on January 1, 2007. Child support calculations must now be made using the new guidelines. To obtain the forms and instructions you need to go to: https://services.georgia.gov/dhr/cspp/do/public/SupportCalc

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IF I PAY CHILD SUPPORT, DO I AUTOMATICALLY GET TO VISIT MY CHILD?

Unfortunately, no. Making child support payments does not automatically give a non-custodial parent visitation rights. The non-custodial parent must petition the court for Visitation Rights.

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IF I AM NOT CURRENTLY RECEIVING CHILD SUPPORT, WHERE CAN I GO TO BEGIN THE PROCESS?

Child support services are available to Georgia parents who need assistance, whether or not the parties were married. Any custodial parent or caretaker of a child can collect regular child support from a parent who should contribute. Upon completing the application process, Child Support Enforcement will assist anyone who has legal custody of a child and needs help obtaining initial child support payments, or in the collection of back payments. In addition, both agencies will assist non-custodial parents who wish to initiate child support payments on their own. The duty to support continues until the child:

• reaches the age of 18*
• dies
• marries, or
• is emancipated

* The court can however direct support to continue for a child in high school over the age of 18, but not over the age of 20.

If you are a custodial parent or caretaker trying to obtain a child support, and you do not have a court order, you can start the application process at one of the following agencies which services your county, or proceed with one of the following actions:

Child Support Enforcement
3201 Atlanta Industrial Parkway
Suite 104
Atlanta, GA 30331
(404) 505-4907 (Virtual Call Center)
(404) 657-3862 (Customer Service Unit)

Child Support Basics

When married parents divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the "non-custodial" parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support. This is not the only scenario in which child support might arise. Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child.

No matter what situation gives rise to the need for child support, it might help to think of the legal right to child support as being possessed by a child (which it technically is), for his or her proper care and upbringing, regardless of who actually receives child support payments.

The Government's Role in Child Support

Because in the United States nearly half of all marriages end in divorce and almost one-fourth of all children are born to unmarried parents, the regulation of child support is an important social issue. Whereas once the arrangement for and payment of child support was left to the parents, now state child support enforcement agencies are taking an aggressive role in seeking payments from non-custodial parents.

Frequently, the agency and court will work together to implement a child support withholding order, by which the child support amount is automatically taken from the payer's paycheck. If the child support payments become delinquent, the agency can implement other collection mechanisms, such as withholding support amounts from tax refunds, or seizing real estate or personal property.

Child Support Orders

Child support orders are issued by the family court, which bases the amount of the support on the state child support guidelines. These guidelines establish the amount of support that must be paid, based largely on the non-custodial parent's income and the number of children. The court will also take into account other relevant factors, such as the custodial parent's income and the needs of the children.

The court can deviate from the guidelines if there are significant reasons for doing so. The fact that the custodial parent has a high income does not itself justify deviation from the guidelines, because under the law children have the right to benefit from both parents' incomes. Child support can be increased if there is a change in circumstances justifying the increase, such as an increase in the payer's income or the cost of living, a decrease in the custodial parent's income, or an increase in the child's needs. Similarly, the amount can be reduced if the circumstances justify the reduction.

Unmarried Parents and Child Support

In cases involving unmarried mothers seeking child support, the first step may be to legally establish the father's "paternity" of the child. The father can do this voluntarily, but if he does not the mother may need to bring a lawsuit to establish paternity, which is usually done using genetic (DNA) testing. The court will order the "putative" (or alleged) father to submit to the testing if he does not agree to do so voluntarily. Once paternity is established, the court will issue a child support order in a manner similar to that in a divorce situation.

Interstate Moves and Child Support

When the non-custodial parent moves to another state, the custodial parent may have to rely on the Revised Uniform Reciprocal Enforcement of Support Act to implement or ensure payment of child support. This Act provides the mechanisms by which a support order issued in one state can by enforced by the courts of another state.

Child Support: Getting a Lawyer's Help

If you are facing a potential child support issue or dispute, whether due to divorce or as a single parent, a family law lawyer can help by fairly and zealously representing either side in a child support proceeding. A family law lawyer will work to obtain the best possible result in the entry of a child support order, enforcement of an existing order, or in establishing or disproving paternity.

SOURCE: Women Against Domestic Violence

Child Support - An Overview

There are more than 13 million divorced parents in America with children under the age of 21. Typically, one of the parents has physical custody and relies on child support paid by the other parent. Statistics show that when all child support is paid as agreed in the divorce decree, both parents remain involved with their children and the children usually have an acceptable standard of living. Conversely, when child support is not paid custodial parents and their children are at risk for financial turmoil. Unfortunately, a disproportionate number of divorced single parents and their children do not receive child support and live below established poverty levels.

Enforcing the obligation to pay child support is a national priority. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier. Each state has different guidelines for establishing child support and there are various methods in the law that exist to recover the support you are owed. If you are ending a marriage, already divorced, or are trying to make your child's other parent legally responsible, it is important to consult with a family law attorney. An attorney with experience in the area of child support will help you understand the laws in your state and the rules for child support collection and enforcement that apply to your particular situation.

Child Support Basics

Each child's biological parents have a legal obligation to financially support the child. That obligation lasts until the child reaches "the age of majority" (depending on state law, 18 or 21), marries, joins the military, or becomes self-supporting. When parents live together, the level of financial support provided is generally not questioned.

When parents divorce or are not married the parent who does not live with their child is usually obligated to pay child support. Support is owed whether the child lives with their other parent or a third party, and whether or not the person with whom the child lives can afford to support the child on their own. Depending on the state, support may be owed even if the parents share custody.

Each state has adopted a set of guidelines for determining child support. Family courts use the guidelines to establish the amount of support. Some states allow courts to make adjustments to the amounts the state guidelines indicate. Most courts, however, tend to closely follow the amounts the guidelines establish unless something in the case indicates the need for a change.

Support guidelines generally fall into one of three categories. Each uses a different approach to establish the amount of support, though they all consider the needs of the child. Provisions for medical costs and insurance are generally added to the basic amount suggested by the state guidelines. The three guideline categories are:

• Percentage—Calculates support based upon a flat or varying percentage of the income of the paying parent.
  
• Income Shares Model—Calculates support based on a formula that determines the proportion of parental income the child would have received if the parents had not divorced.
  
• Melson Formula—Calculates support using a complex formula that considers the economic conditions of the parties involved, their standard of living and the overall equities of the situation. The goal of the Melson Formula is to give children the standard of living of their more affluent parent, even if the custodial parent gets a financial benefit to which they may otherwise not be entitled.

Frequently Asked Questions about Family Law

Q: What is the legal definition of marriage?

A: Most states define marriage as a civil contract between a man and a woman to become husband and wife. The standard way to marry is to get a marriage license from a state-authorized official, then participate in a formal civil or religious wedding ceremony.

Q: What are the legal effects of marriage?

A: There are several federal and state laws that benefit married couples. Some examples include the right to:

• file joint income tax returns with the IRS and state taxing authorities
• create a family partnership under federal tax laws, which allows you to divide business income among family members-often lowering income tax
• create a marital life-estate trust
• receive spousal and dependent Social Security, disability, unemployment, veterans, pension and public assistance benefits
• receive a share of your deceased spouse's estate under intestate succession laws
• claim an estate tax marital deduction
• sue a third person for wrongful death of your spouse and loss of consortium
• sue a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation in some states
• receive family rates for insurance
• avoid the deportation of a non-citizen spouse
• enter hospital intensive care units, jails and other places where visitors are restricted to immediate family

Q: What is a legal divorce?

A: Divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce will give each person the legal right to marry someone else. It will also legally divide the couple's assets and debts and determine the care and custody of their children. Each state addresses these issues differently, but there are some relatively uniform standards. Each state does have some type of no-fault divorce laws that can significantly simplify the divorce process.

Q: What is a no-fault divorce?

A: Divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce will give each person the legal right to marry someone else. It will also legally divide the couple's assets and debts and determine the care and custody of their children. Each state addresses these issues differently, but there are some relatively uniform standards. Each state does have some type of no-fault divorce laws that can significantly simplify the divorce process.

Q: What is a fault-based divorce?

A: A fault-based divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence, or infecting the other spouse with a venereal disease.

Georgia Child Support In 2007

Child support guidelines in Georgia and other states often change by legislative action. State governments enact child support guidelines designed to protect the rights of children and parents.

New 2007 Child Support Guidelines

In March of 2006, the Georgia legislature made substantial changes to the proposed revision of the child support guidelines. The law as passed made the following changes from the revision that was passed in 2005, which was never put into effect:

(1) The effective date was changed from July 1, 2006 to January 1, 2007.

(2) The automatic parenting time reduction of the child support obligation was eliminated.

(3) The right to seek modification, except in certain cases, has been limited to those situations where there has been a substantial change in the financial circumstances of either parent, or the child. There is no longer the right to seek modification based only upon the change in the guidelines.

(4) The right to a direct appeal of the trial court decision was eliminated, and we remain subject to the discretionary appeals process.

(5) The new law provides a schedule of base child support amounts according to the total income of both parents, which amount is then allocated to each parent by virtue of that parent’s share of the total income, and adjusted for other expenses.

In Georgia, both parents are obligated to provide for the support of a child until the child reaches the age of 18, or graduates from high school, whichever is later, but no later than age 20. There is no obligation to support a child in college or post-graduate studies. However, agreements reached in settlement negotiations and included in the final decree of divorce will be enforced by the courts as if it were law.

Child Support Order Improperly Set Aside: Scott v Scott

In an appeal from the Superior Court of Catoosa County, the Georgia Supreme Court has reversed a trial court order setting aside a divorce decree as to child support, finding that the husband failed to prove the existence of a non-amendable defect on the face of the record. Justice Harold D. Melton wrote the unanimous decision in Scott v. Scott, S07A0246.

The Supreme Court reversed the grant of Gregory W. Scott’s motion to set aside the final decree of divorce with regard to the provision of an incorporated settlement agreement addressing the support of his children with Patti R. Scott, holding that Gregory Scott failed to show that any part of the settlement agreement or divorce decree, to which he consented, was void or otherwise contained a non-amendable defect. In so holding, the Court noted that the divorce decree contained stated dollar amounts and percentages of income, which could be considered baseline payments as required by O.C.G.A. § 19-5-12, and Gregory Scott agreed that his future wage increases as a result of statutory special circumstances would supplement the baseline amounts. Finally, the Court held that Gregory Scott was entitled to seek a motion to set aside under O.C.G.A. § 9-11-60 (d) (3), even though he may have been negligent for not directly attacking the divorce decree, since negligence or a movant’s fault is not a bar to the movant’s claims under that statute.

Reducing Child Support

When a child reaches the age of majority (usually eighteen) or graduates high school, that normally is a basis for stopping child support for that child, unless the parent is obliged to help pay for that child's college education.

Whether payments stop at age eighteen or at graduation from high school depends on the law of the state. Many states say payments stop at the later of those two events (assuming the child will graduate high school in a normal amount of time).

If only one child is the subject of a support order, the parent who is obliged to pay child support (the obligor) can stop making payments when the child reaches eighteen or graduates high school. The obligor does not have to go to court to seek permission to stop payments.

If there is more than one child who is subject of a support order, the right of the obligor to reduce payments when the oldest child reaches the age of majority will depend on the wording of the court's support order.

If support is set at a certain amount per child (for example, "child support shall be $200 per month for each of the three children"), then the obligor may reduce payments by $200 as each of the three children reach the age of majority. Under this example, child support would be $600 per month when all three children were under eighteen; $400 per month when the oldest child reached eighteen; $200 per month when the middle child reached eighteen; and no support when all three were over eighteen.

If, on the other hand, child support for three children was set as a lump sum for all children (for example "child support for the three children shall be $600 per month"), then the obligor must keep paying $600 per month until the youngest of the three children reaches eighteen, unless the obligor goes to court and obtains a reduction in child support.

When the oldest child reaches the age of majority, that can be a basis for a court to reduce support, but it is not an automatic basis for doing so. The court will look at a variety of factors, including the current income of the parents and needs of the remaining children. If the income of the parents has remained the same and the needs of the remaining two minor children are the same, the obligor can expect that the amount of support for the remaining two children will decrease. The amount of reduction will not necessarily be one-third, however. Applying Illinois' child support guidelines, for example, the obligor could expect that child support payments would be reduced from 32 percent of his or her net income to 25 percent of net income.

Modification of Child Support Orders FAQ

Know your options if you want to change a child support order.

I think our existing child support order is unfair. How can I change it?

You and your child's other parent may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.

If you and your ex can't agree on a change, you must request the court to hold a hearing in which each of you can argue the pros and cons of the proposed modification. As a general rule, the court will not modify an existing order unless the parent proposing the modification can show changed circumstances. This rule encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.

Depending on the circumstances, a modification may be temporary or permanent. Examples of the types of changes that frequently support temporary modification orders are:

• a child's medical emergency
• the payer's temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or
• temporary economic or medical hardship on the part of the recipient parent.

A permanent modification may be awarded under one of the following circumstances:

• either parent receives additional income from remarriage
• changes in the child support laws
• job change of either parent
• cost of living increase
• disability of either parent, or
• needs of the child.

A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time -- again, because of changed circumstances.

What is a Cost of Living Adjustment (COLA) Clause?

A COLA clause in a child support order means that payments are to increase annually at a rate equal to the annual cost of living increase, as determined by an economic indicator (such as the Consumer Price Index). Some judges include COLAs in their orders when setting child support. This eliminates the need for any modification requests based solely on cost of living increases.

SOURCE: FindLaw

Modification of Child Support

A common standard for modification of child support is a substantial change in circumstances. That usually refers to a change in income of the parent who is supposed to paying support. If the parent who is obliged to pay support suffers a loss of income, that could be a basis for reducing support; conversely, if the parent's income increases, that could be a basis for increasing support.

Changes in circumstances of the child also can be a reason for modifying support. If the child has significant new expenses such as orthodonture, special classes, or health needs that are not covered by insurance, that too can be a reason for increasing support.

Significant changes in the income of the parent seeking support also can be a basis for modification. If the custodial parent's income drops (particularly through no fault of the custodial parent), that might be a basis for increasing support. If the custodial parent's income increases, that might be basis for reducing support from the noncustodial parent.

In some states, support orders may be reviewed automatically every few years to set support consistent with the parents' current income and the support guidelines. If the parent who is supposed to pay support has a major drop in income (such as through loss of a job) and the income is not likely to be replaced soon, the parent should promptly go to court to seek modification of child support.

The obligation to pay support at the designated amount continues until a court orders otherwise. A court's order for child support generally is effective for future support payments only. Normally, a court cannot retroactively modify support payments, even if the parent who was supposed to pay had a good reason for not making full payments.

When a parent loses a job or experiences a financial setback, one of the last things the parent may want to do is incur more expenses by hiring an attorney to try to reduce support. But if the parent has a good reason to reduce support, the money is well spent since the support obligation will continue at the original amount. The meter on the cab runs at the same rate, so to speak. As an alternative to an attorney, if the local court is relatively user-friendly, the party seeking to change support might try to represent himself or herself.

Child Support and Visitation

Child support and visitation are independent rights and obligations. If a parent is not receiving child support, the remedy for that parent is to go to court (or activate a wage withholding order) to collect child support. The parent who is supposed to receive child support may not deny visitation or contact with the child because support was not paid.

Similarly, if visitation or contact with the child is blocked by the custodial parent, the legal remedy for the noncustodial parent is go to court to obtain an order enforcing visitation. The noncustodial parent may not cut off or reduce child support because the custodial parent interfered with visitation.

SOURCE: FindLaw

Child Support Statistics and Trends

Following is a selection of nationwide statistics and trends on payment and receipt of child support.

Average Annual Amount of Child Support Due and Received

• In 2001, 6.9 million custodial parents who were due child support under the terms of agreements or current awards were due an average of $5,000; an aggregate of $34.9 billion in payments due.

• Of this amount, about $21.9 billion (62.6 percent) was received, averaging $3,200 per custodial-parent family. Overall, custodial parents reported receiving $22.8 billion directly from the non-custodial parent for support of their children in 2001, which included $900 million received by parents without current awards or agreements.

Average Annual Amount of Child Support Received

• In 2001, the average annual amount of child support received (for custodial parents receiving at least some support) was $4,300, and did not differ between mothers and fathers (as support recipients).

Parents Who Received All Child Support Due

• The 2001 proportion of custodial parents receiving every child support payment they were due was 44.8 percent. Among these parents, the average amount received was $5,800, and did not differ significantly between mothers and fathers.

• The average family income for the 3.1 million custodial parents who received all the child support they were due in 2001 was $32,300, and their poverty rate was 14.6 percent.

Child Support More Likely When Custody and Visitation Agreements in Place

• A large majority (85.3 percent) of the 6.9 million custodial parents due child support payments in 2001 had arrangements for joint child custody or visitation privileges with the non-custodial parents, and approximately three-fourths (77.1 percent) of these parents received some support payments.

• Of the custodial parents due child support but who did not have joint custody or visitation arrangements, about half (55.8 percent) received any payments.

Child Support Glossary

Accrual
Sum of child support payments that are due or overdue.

Adjudication
The entry of a judgment, decree, or order by a judge or other decision-maker such as a master, referee, or hearing officer based on the evidence submitted by the parties.

Administrative Procedure
Method by which support orders are made and enforced by an executive agency rather than by courts and judges.

Administration for Children and Families (ACF)
The agency in the Department of Health and Human Services (DHHS) that houses the Office of Child Support Enforcement (OCSE).

Aid to Families with Dependent Children (AFDC)
Former entitlement program that made public assistance payments on behalf of children who did not have the financial support of one of their parents by reason of death, disability, or continued absence from the home; known in many States as ADC (Aid to Dependent Children). Replaced with Temporary Aid to Needy Families (TANF) under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).

Arrearage
Past due, unpaid child support owed by the non-custodial parent. If the parent has arrearages, s/he is said to be "in arrears."

Assignment of Support Rights
The legal procedure by which a person receiving public assistance agrees to turn over to the state any right to child support, including arrearages, paid by the non-custodial parent in exchange for receipt of a cash assistance grant and other benefits. States can then use a portion of said child support to defray or recoup the public assistance expenditure.

Burden of Proof
The duty of a party to produce the greater weight of evidence on a point at issue.

College Expenses

The obligation of a divorced parent to pay for the child's college expenses or trade school will depend on the state in which the parents live and any agreement between the parents regarding such expenses.

Courts in some states will require parents to pay for a child's college expenses, assuming the parents can afford it and the child is a good enough student to benefit from college. Courts in these states reason that the child's parents probably would have helped pay for the child's education had the marriage remained intact and that the child's education should not suffer because of the divorce.

In an Illinois case, for example, the father during the marriage was very enthusiastic about having his son attend Dartmouth College--the same school the father attended. The father took his son to Dartmouth for three visits. The father often bought his son clothes and memorabilia with the Dartmouth logo. The father even arranged for influential alumni of Dartmouth to write letters of recommendation for his son.

After all these efforts, the son got into Dartmouth. But at about that time, the father and mother divorced, and the father no longer wanted to pay for his son to go to Dartmouth. The Illinois courts said that under these circumstances, the father (who earned more than $200,000 per year) had to pay for his son to go to Dartmouth.

In other states, however, a parent's obligation to pay support ceases when the child reaches the age of majority (or graduates high school), and thus the parents are not obliged to pay for the child's college education. Courts in these states note that married parents are not required to pay for their child's college expenses, and, therefore, divorced parents are not required to do so either.

Regardless of the state's law on compulsory payment of college expenses, the mother and father can agree as part of their divorce settlement to pay for these costs. Courts usually will enforce those agreements.

Children generally are expected to help pay for their college education and related expenses by working at summer jobs and using some of their own savings. The parents' obligation to pay, if there is such an obligation, will depend on the amount of income and assets of the parents. A parent with low income usually will not be expected to pay for the child's college education.

SOURCE: FindLaw

Child Support During Summer Vacations

Child support usually must be paid by the noncustodial parent when the child is with the noncustodial parent for summer vacations or long holiday breaks. Courts reason that many major expenses for the benefit of the child--such as rent, mortgage, utilities, clothes, and insurance--have to be paid whether the child is with the custodial parent or not. So, usually, a full support payment is due, even if the child is with the noncustodial parent.

On the other hand, the parties themselves (or the court) are free to set payments in different amounts during vacation periods when the child is with the noncustodial parent. The lower amount for vacation periods with the noncustodial parent might reflect savings to the custodial parent for food expenses or child care.

A related issue may arise if the noncustodial parent wants to reduce child support payments to the custodial parent because the noncustodial parent has spent money on the child, such as for clothes or extra-curricular activities. That almost never is a basis for reducing child support payments to the custodial parent.

Court orders or divorce settlements almost always provide that child support is to be paid in specific dollar amounts from one parent to the other. Courts do not want the complications of trying to sort out whether the parties on a particular occasion agreed to an alternate way of making child support payments. Courts also do not want the noncustodial parent unilaterally changing the method of paying child support and potentially interfering with the budget planning of the custodial parent.

If the noncustodial parent wants to pay for clothes or extra-curricular activities of the child, that is fine (and nice for the child), but the court will treat such payments as gifts to the child, not as part of the noncustodial parent's support obligation.

SOURCE: FindLaw

Effect of Joint Custody on Child Support

A question often arises on the effect of joint custody on child support. The effect of joint custody will depend on the nature of the joint custody arrangement. If the parents have joint legal custody (by which they share making major decisions regarding the child), that by itself will have little effect on child support. If the parents have only joint legal custody, one parent still has primary custody of the child and handles payment of most of the child's day-to-day expenses. The custodial parent's expenses for the child have not been reduced by the joint custody arrangement.

If the parents have joint physical custody with the child spending a substantial amount of time with each of parent, and if the parents have approximately equal incomes, it is possible neither parent will have to pay support to the other. The father and mother will pay the child's day-to-day expenses when the child is in the respective homes. The parents, however, will need to coordinate payments on major expenses such as camp, school, clothing, and insurance.

If there is a significant difference in the parents' incomes, the parent with higher income probably will make payments to the other parent or pay more of the child's expenses, but the amount paid probably will be less than the guideline amount because of the joint physical custody arrangement.

SOURCE: FindLaw

Child Support: Determining Parents' Income

One touchstone of state guidelines for setting child support is that the final support award is "income driven" -- determined primarily by the income of the parties. It is therefore vital that parents understand what funds can be considered "income" under the child support guidelines, and what funds are excluded from the definition of income.

"Income" for Purposes of Child Support

Each state's child support guidelines contains a definition of "gross income." At the very minimum, pursuant to federal law, the definition of "income" must take into consideration all income and earnings of the non-custodial parent. Gross income is thus usually defined to include money received from any source, including, but not limited to:

• Salaries and wages (including tips, commissions, bonuses, profit sharing, deferred compensation, and severance pay);
• Income from overtime and second jobs; income from contractual agreements; investment and interest income (including dividends);
• Pension income;
• Trust or estate income;
• Annuities;
• Capital gains, (unless the gain is nonrecurring);
• Social Security benefits;
• Veterans' benefits;
• Military personnel fringe benefits;
• National Guard and reserve drill pay;
• Benefits received in place of earned income (i.e. workers' compensation benefits, unemployment insurance benefits, strike pay, and disability insurance benefits);
• Gifts and prizes (including lottery and gambling winnings);
• Education grants (including fellowships or subsidies that are available for personal living expenses);
• Income of a new spouse, to the extent that income directly reduces expenses of the parent;
• Alimony received from a person other than the other spouse in the present case; and
• Income from self-employment (including rent, royalties, and benefits allocated to an individual for a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor).

Establishing and Calculating Child Support FAQ

Frequently asked questions to help you determine how much child support a noncustodial parent must pay.

How do custody arrangements affect child support obligations?

When one parent is awarded sole legal or physical custody in a divorce, the other parent typically is required to fulfill his or her child support obligation by making payments to the custodial parent. (The custodial parent meets this support obligation through the custody itself.) When parents are awarded joint physical custody in a divorce, their support obligations are based on how much money each parent earns and the percentage of time the child spends with each parent.

How are child support levels calculated?

Under the federal Child Support Enforcement Act of 1984, each state must develop guidelines to calculate a range of child support to be paid, based on the parents' incomes and expenses. These guidelines vary considerably from state to state, which means that in virtually identical situations the child support ordered in one state may be far more or less than that ordered in another state. Some states allow their judges considerable leeway in setting the actual amount, as long as the general state guidelines are followed. Others have very strict guidelines that leave the judges very little leeway.

Regardless of how much latitude judges are given, the guidelines in effect in most states specify factors which must be considered in determining who pays how much child support. These factors usually include:

• the needs of the child -- including health insurance, education, day care and special needs
• the income and needs of the custodial parent
• the paying parent's ability to pay, and
• the child's standard of living before divorce or separation.

When a court sets child support, it often considers the family's pre-divorce standard of living and attempts to continue this standard for the children, if feasible. However, courts are aware of the difficulty of maintaining two households on the income that formerly supported one home. Maintenance of the same standard of living is therefore more of a goal than a guarantee

Special Circumstances Justified Upward Modification of Child Support - Dyals vs. Dyals

Affirming the judgment of the Superior Court of Gwinnett County in the parties’ divorce case, the Supreme Court held that the evidence supported the jury’s findings that the husband’s total monthly income, including funds from his two landscaping businesses, was at least $5000 and that special circumstances - a disabled child with extraordinary medical expenses, educational costs, the husband’s suppression of income, the wife’s limited income and the children’s insurance costs - justified an upward modification of child support to $1,375 per child per month. The Court also held that the husband could not complain about banking statements, which his counsel approved, before allowing them to go out with the jury.

SOURCE: Supreme Court of Georgia and Fulton County Daily Report

Georgia Child Support Factors

Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents’ ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include: (1) the age of the children; (2) a child’s medical costs or extraordinary needs; (3) educational costs; (4) daycare costs; (5) shared physical custody arrangements; (6) a parent’s support obligations to another household; (7) hidden income of a parent; (8) the income of the parent with custody; (9) contributions of the parents; (10) extreme economic circumstances; (11) a parent’s own extraordinary needs; (12) historic spending levels of the family; (13) the cost of health and accident insurance coverage for the child; and (14) any extraordinary visitation travel expenses. [Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]

Georgia child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Georgia child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Georgia child support deviation factors that may be applicable to the situation.

SOURCE: DivorceSupport