Ga chil law and dating


06-Feb-2018 16:16

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The state of Georgia has a formula for determining the child support obligation based on a percentage of income.

These guidelines are applied when the two parents can not agree on a monthly support amount, and at which time the court will also take into consideration the following factors which would allow them to better determine the appropriate amount of monthly child support to be paid: (1) Ages of the children; (2) A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available; (3) Educational costs; (4) Day-care costs; (5) Shared physical custody arrangements, including extended visitation; (6) A party's other support obligations to another household; (7) Income that should be imputed to a party because of suppression of income; (8) In-kind income for the self-employed, such as reimbursed meals or a company car; (9) Other support a party is providing or will be providing, such as payment of a mortgage; (10) A party's own extraordinary needs, such as medical expenses; (11) Extreme economic circumstances including but not limited to: (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over ,000.00 per annum; (12) Historical spending in the family for children which varies significantly from the percentage table; (13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact; (14) In-kind contribution of either parent; (15) The income of the custodial parent; (16) The cost of accident and sickness insurance coverage for dependent children included in the order; (17) Extraordinary travel expenses to exercise visitation or shared physical custody; and (18) Any other factor which the trier of fact deems to be required by the ends of justice.

The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.

In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody.

A few other documents that are typically filed during the process are: Disclosure Statement, Domestic Relations Financial Affidavit , Marital Settlement Agreement, Affidavit Regarding Custody, and Domestic Relations Case Filing Information Form. The clerk or the clerk's assistants will be the people managing your paperwork with the court.

The clerk's office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.

The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

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If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the court's equitable powers to execute effectually and fully the jury's verdict.(Georgia Code - Sections: 19-5-13) In all divorce actions, a party may pray in his pleadings for the restoration of a maiden or prior name.In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence.

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In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live.The requirements are as follows: No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.