Child Support Lawyer Milton, GA
Are you going through a divorce right now? You may have concerns about paying child support or receiving it. Child support is a percentage of the parent’s income and focuses on the expenses that relate to the child.
In most cases, people need clarification about how much child support they should pay, and the law becomes involved. Therefore, it’s wise to talk to the best child support lawyer Milton, GA, offers. The Millard Law Firm is here to help and will ensure you’re not taken advantage of and receive or pay a fair amount.
Please call (678) 319-9500 to schedule an initial consultation. Our team is happy to talk to you and determine if you have a case for child support, modifications, and more. Alternatively, you may use the contact form to get in touch!
Calculating Child Support
The Georgia courts consider many things when calculating child support payments. Here are the factors they might focus on:
- Any special needs for the child
- Income for both spouses
- Assets that must be divided up during the divorce
- Primary custody of the children
- Education levels of each parent
- Current jobs for each parent
- Earning capabilities for each parent
Judges in Georgia use a worksheet to help them determine the amount of child support given. Therefore, having a competent and experienced child support lawyer in Milton, GA, is crucial. They will represent your best interests and are familiar with the court system.
Visitation and Child Support Modifications
It’s possible to modify the amount of child support if the expense to care for the child has increased. Likewise, the opposing spouse might be required to pay more if they get a better job. We are here to help if you feel you pay too much or cannot support your children on the allotted amount. It’s possible to recalculate your payments!
Changes Relating to Modifications
Georgia law allows parents to file a child support modification claim once every two years or whenever a significant change in their circumstances occurs. This includes job loss, an income increase through a promotion or raise, and more. Likewise, reductions are possible if you’ve suffered a job loss or injury that wasn’t your fault.
You have the right to request an expedited hearing! We can help you get this and ensure that your child support payments don’t accrue from the date you file.
What’s the Attorney’s Role in Child Support?
Child support is often complex and influenced by many things. Hiring a child support lawyer in Milton, GA, will help you understand the state laws for child support and identify the circumstances and issues that a court might use to determine its final judgment.
In most cases, the spouse who doesn’t live with the children after the divorce (non-custodial parent) will be responsible for child support payments. The Georgia court system primarily uses gross income to determine how much that will be, though adjustments can be made based on specific circumstances.
How Long Will Child Support Be in Effect?
Generally, the child support order stays in effect until the child reaches adulthood or gets married. Usually, no changes are made, but there are options for modification, which you learned about earlier.
Do You Have to Go to Court?
Couples getting divorced often go to court for those proceedings and child support. However, they can make arrangements without legal representation through separation agreements, post-nuptials, and pre-nuptials.
Why Choose The Millard Law Firm
Dealing with child support issues is confusing and complicated. It’s generally wise to hire a child support lawyer in Milton, GA, to ensure that things are fair for both parties. Please call (678) 319-9500 or complete the online contact form to request a consultation today!
Further Information
Child support is typically calculated by a percentage of both parties’ incomes and other expenses related to the children. If you are currently going through a divorce and have concerns about receiving or paying the correct amount of child support, give us a call. Our Child support attorneys have helped many Johns Creek residents receive a suitable amount of child support.
Child support payments can be arranged by a mutual agreement between the parents however, we advise anyone going through a divorce, legitimation or modification of child support to consider determining child support payments with the help of any attorney.
Child support is calculated differently in every state. In Georgia, a number of factors are taken into account when determining the amount of child support that is in the best interest of the child.
The following points are all factors that allow the judge to determine child support payments:
- If a child has excessive medical expenses
- Income of both parents who will have parenting time with the child or children
- The cost of health insurance and work related day care expenses
Georgia uses the income share method to calculate basic child support. With this model, the court looks at the financial situation of both parents.
Under the income share model, the Georgia courts use economic data to estimate the monthly cost of raising children prior to divorce. The non-custodial parent will pay a percentage of the calculated cost that is based on their proportional share of both parents’ combined income.
Calculating the income or financial situation of the parents can be a daunting task, especially if one or both parents are self-employed or have business interests. In some child support cases custodial parent(s) may request the use of a forensic accountant to uncover any hidden income or calculate income based on expenses of the other party.
The gross income of both parents shall include income of any source, before taxes and deductions, and includes (but is not limited to) the following:
- Salaries
- Commission, fees and tips
- Overtime
- Income self-employment
- Bonuses
- Interest and dividend income
- Disability or retirement benefits
- Alimony
- Unemployment insurance benefits
- Workers compensation benefits
- Assets
- Other income
It is important to have an experienced and competent child support attorney by your side that is familiar with child support calculations.
Child support cases can get quite complex, depending on the gross income of the parents, whether a parent is self employed and other various factors stated above. If you have any doubts about your child support case, contact us. We will fight for you.
Modifications to child support can be made if there has been an increase in expenses concerning the child or if the opposing parent has had an increase in income since the child support payment was last determined by the Georgia courts. If you are struggling to support your children or feel that you are paying too much, reach out to us and we will help you recalculate your child support payment.
Georgia law allows a party to file a modification of child support once every two years or when there is a significant change in circumstances. A significant change in circumstances can include a loss of a job or other income or a significant increase in income through a raise or promotion. If you are paying child support and have suffered a job loss, you may petition the court for a reduction in child support.
You may also ask for an expedited hearing. Unless you request an expedited hearing, you may have to wait months to obtain an order reducing your child support.
You may file a modification of child custody if:
- One parent wants to move out of state or a distance that makes it impractical to follow the current parenting plan
- A parent’s new significant other is causing harm to your child or children
- If a change in jobs allows the non-custodial parent to spend more time with the child.
- If a child over 14 makes an election to spend more time with the non-custodial parent
One reason to request a modification of custody is simply because one of the parents plans to move far enough away from the other parent to make the current parenting plan impractical. In Georgia, there is no law that prohibits one of the parents from moving out of state if they wish to retain custody of their children. Although a Court cannot prevent a parent from moving , a Court is allowed to Order the children stay in Georgia or custody change to the other parent.Just like with child custody, the Georgia courts determine what is in the best interest of the child. If you or the other parent are choosing to move out of state , the courts will evaluate the situation and determine what is in the best interest of the child.
When it comes to visitation and custody modification you should always consult an attorney to help guide you through the process. Our firm has helped many Johns Creek residents modify their custody and visitation rights. Contact us for more information on custody and visitation modification.
Specialized Legal Team
