This too, shall pass.

With the increasing publicity related to celebrities and their custody disputes (Usher, T.O., Mindy McCready and other artists we have posted about), an interesting question arises as to how judges in Georgia handle child support obligations when one parent makes a significantly higher income than the other parent. The purpose of child support is to provide the minor child with a lifestyle that reflects the income of both parents. What do you do when one parent makes ten times, twenty times, or even one hundred times more?

I recently attended a seminar where a panel of judges discussed this issue. A Gwinnett County judge indicated that lump sum child support might be appropriate. Lump sum child support is usually one large payment that, once paid, would completely resolve the parent’s obligation to pay child support in the future. The benefit to lump sum child support would be ensuring that the entire child support obligation until the minor child turns eighteen would have already been paid even if the high-income parent were to lose his or her job later. However, if the high income earning parent were to lose his or her job later, an argument could be made that the lump sum child support was inappropriate because that parent would have had to pay a lower child support payment if his or her income were lower.

A Cobb County judge suggested that another way to determine child support in high-income cases is to use percentages. By way of example, if the child support payment should be 15% of the parent’s net income, then it should not matter whether the 15% is applied to an income of $40,000.00 or $400,000.00 or $4,000,000.00. A Fulton County judge stated that her main concern in such cases is that the money is put to good use and be used for the minor child rather than going to the living expenses of the other parent. This Fulton County judge stated that, depending on the case, it maybe in the best interest of the child to require that a certain sum be set for the minor child and defer accessibility to that fund so the custodial parent does not waste it. Another judge stated,however, that just because one parent earns a significantly higher income than the other does not mean that the child support obligation should be significantly higher as well. This judge wanted to prevent the situation where the custodial parent was essentially “winning the lottery” through child support and stated that a downward deviation is appropriate.

Extra-marital relationships that occur during your divorce proceedings can have a huge impact on your divorce case in Georgia. I recently read a book called the Five Love Languages by Dr. Gary Chapman. Whether you are married, single, trying to figure out how to save your marriage, or figuring out why you are getting divorced, this is a highly recommended book that discusses the different ways people perceive and feel love as well as the different ways that people express love to their significant other (or future significant others as the case may be). Dr. Chapman discusses the “in love” feeling that couples experience. The “in love” period is one in which your significant other can do no wrong and one in which every day and every action revolves around your significant other. Decisions are made to best allow you and your significant other to be together. Waiting to see your significant other again can feel like an eternity. Many of us remember this feeling and can relate to the feeling and belief that “our love is unstoppable!”

As an Atlanta Divorce Attorney, I want to discuss this “in love” feeling you may have for someone other than your soon-to-be-ex. Clients who have found themselves in an extramarital relationship or very much looking forward to engaging in one will often hear our Atlanta Divorce Attorneys recommend that they not date until the divorce is final. We advise our clients this way for a number of reasons in addition to the obvious moral implications.

First, engaging in an extramarital relationship can have an adverse impact on your impending divorce case. If you are a spouse seeking alimony, adultery can bar your claim for alimony.Additionally, it can sometimes effect equitable division.

Second, we recommend that clients do not make decisions pertaining to your divorce while in the “in love” period. Too often clients feel so overly confident about their new relationship that they forget to think about the possibility that the new relationship may not last. The decisions made at this time tend to assume that the new significant other will be around to provide in the event that something does not go as planned in their divorce. For example, clients may not seek as much alimony thinking that they will marry their new significant other and will not need the alimony. Clients may also walk away from more of the marital estate than they should have to simply get the divorce over as quickly as possible so they can re-marry their new love. It is important not to let the “in-love” feeling cloud your judgment during the pendency of your divorce case.

Third, the difference between a less expensive divorce and a very expensive divorce tends to boil down to one thing: emotion. Infidelity, the idea of infidelity, even the possibility or appearance of infidelity is often enough to turn a relatively inexpensive divorce into a very expensive, highly contested case.

My last bit of advice is for this upcoming Valentine’s Day, please be mindful of these issues and use common sense when deciding whether to go out to dinner, send flowers, or send gifts to a new significant other if you are still married. Credit card statements and bank account statements can be subpoenaed. It is possible that you are being taped, recorded, or otherwise followed by a Private Investigator. If you have a new significant other and are currently in the middle of a divorce case, this Atlanta Divorce Attorney recommends that the celebration of your new love wait until after a Judge has signed your Final Judgment and Decree of Divorce!

In Georgia, as well as around the world, conceiving a child with the use of assisted reproductive technologies can bring up and/or complicate custody issues in a divorce or other family law case.With the ongoing developments in medicine and the reproductive sciences, more couples turn to assisted reproductive technologies to conceive children. Medical and technical advances are providing new ways to become parents which have never been imagined by previous generations. As people turn to options like intrauterine insemination, in vitro fertilization, surrogacy, or freezing sperm,eggs, or embryos for future use, a host of legal questions arise as to ownership, possession and control. For example, does frozen sperm remain the property of the Father or, because it has been frozen and has an intended purpose, is the sperm transformed into property of the Father and Mother?

It is very important to have a written and detailed agreement documenting each party’s intentions prior to entering into any third-party assisted reproduction arrangement. While a couple may enter the process with intentions to stay married or to raise their children together, it is hard to predict whether a couple may separate or be divorced in the future. An agreement should contemplate what would occur in the event the couple separates or gets a divorce. Will someone keep the frozen embryos? Who will be responsible for the costs associated with storing the embryos until future use? For how long will they be stored?

This is just the beginning when it comes to the questions and scenarios that parties must consider prior to entering a third-party assisted reproduction arrangement. If you are considering assisted reproductive technologies or have already used assisted reproductive technologies and are now contemplating a divorce, please contact one of our AtlantaDivorce Attorneys.

In Georgia, child support payments are calculated to cover all the minor children in a household. However, when an older child reaches 18 years of age (aka “ages out”), the child support obligation changes to reflect the fewer number of minor children in the household. In a case that has been fully resolved, filing a Modification of Child Support is usually necessary to adjust the child support figure. For those currently going through a divorce and expecting their oldest child to age out in just a few months or years, can the parties agree for an automatic adjustment of child support to occur when the oldest child ages out? How do Judges in Georgia perceive such automatic adjustments in Settlement Agreements?

At a conference for matrimonial lawyers held by the Georgia State Bar, a few Judges responded to this exact question. All of the Judges on this panel, including a Judge from Cobb County, Fulton County, and Gwinnett County, all indicated that they would allow the automatic adjustments only if the change was foreseeable. For these Judges, this meant that the oldest child would age out within a matter of 6-8 months. If not within this time frame, these Judges all indicated that they would be unlikely to accept automatic adjustments and that filing a Modification of Child Support would be the proper procedure.

A temporary protective order can be issued against someone who does not live in Georgia. O.C.G.A. §19-13-2gives the superior courts of Georgia jurisdiction over a nonresident charged with a commission of an act of family violence. Georgia will only have jurisdiction over the nonresident if he or she, either in person or through an agent, commits a tortuous injury in Georgia caused by an act or omission outside Georgia and the nonresident does one of the following things:

• Regularly does or solicits business in Georgia; or
• Engages in any other persistent course of conduct in the state of Georgia; or
• Derives substantial revenue from goods used or consumed or from services rendered in Georgia.

However, if the act of family violence is the placing of harassing or intimidating telephone calls or text messages to a person in Georgia, this is not enough to give Georgia jurisdiction. The act of family violence is considered to have occurred in the State where the telephone call was placed or from where the text message was sent. If phone calls or text messages from someone out of State are the only acts of family violence, Georgia may not have jurisdiction over the Respondent.