Phone : (678) 319-9500

Service Category: Family Law

Child Support Lawyers Johns Creek, GA

A Child Support Lawyer in Johns Creek, GA, Can Help You Navigate the Difficult Times

If you’re going through divorce proceedings in Johns Creek, GA, where children are involved, a child support order will be a part of the proceedings. It’s hard enough having to deal with the fact that your marriage is ending, alongside any potential asset allocation challenges.

Adding the family separation element of things and what your child(ren) must be going through compounds the difficulty of it all. That’s why you need the best possible legal representation to help you navigate these rough waters.

The Millard Law Firm boasts a team with over four decades of experience and has demonstrated success in helping our clients through a passionate approach. Schedule a consultation with us today to begin talking about your child support case.

The Challenge of Child Support and Custody Matters

Of all the negotiations that form a part of a divorce, the child support and custody element of things tends to present one of the most significant emotional challenges, which, of course, is one of the many things you must deal with.

US census numbers indicate that the total child support agreed to during divorce is received by less than 45% of custodial parents. Of course, The Millard Law Firm is dedicated to ensuring that the ruling is fair and that the full extent of financial support is received.

Regardless of the tough time the parents are going through, the most important thing here is a sense of normalcy and care for children. Our job is to ensure that we adequately handle the legal side of things and provide support where necessary to help you navigate the mental layers.

How Does a Child Support Lawyer in Johns Creek, GA Help Me?

Our job is to ensure that our clients in Johns Creek are thoroughly advised of their options and that a suitable amount of child support is received to care for the children involved.

Sometimes, it’s about something other than receiving or calculating child support. You may require changes based on circumstance differences or even a custody modification.

An experienced, passionate, and competent team of attorneys is here to help you get the best possible outcome.

Is Calculating Child Support Difficult in Georgia?

Georgia courts take several things into account where child support calculations are concerned. These include the parent that will have primary custody, the child’s financial needs, how much each parent earns and the current education level/employment circumstances of each parent.

There are also the matters of special needs that the child may have, assets that form a part of the separation process, etc. There’s a spreadsheet that judges will use to come to a consensus on the amount of support the child will need.

It’s in your best interest to be represented by a child support lawyer familiar with these calculations.

How Hard Is It to Modify a Child Support Agreement to Align with Significant Circumstance Changes?

Once every two years or if there’s a significant circumstance change, Georgia law allows for child support modifications. The need for this kind of proceeding can come from job loss, considerable income increases, etc.

Speak to your attorney to determine the requirements for such a proceeding and if you need an expedited hearing.

Do You Need a Child Support Lawyer in Johns Creek, GA? Schedule a Consultation with the Millard Law Firm Today!

Worrying about child support allocations is tough to handle alongside existing divorce matters. Lean on the support and expertise of The Millard Law Firm, as we are committed to providing the best results for our valued Johns Creek clients.

Schedule a consultation today by calling us at 678-319-9500.

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

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney

Retain the Services of a Qualified Family Law Attorney in Milton, GA

Family law’s scope is a lot broader than you may think. It’s not just about divorce. There are a lot of matters, including children, families, and parental rights.

The dissolution of a marriage can be difficult emotionally. Coupling the legal challenges can make it a nightmare. Thankfully, you are not alone.

If you’re dealing with issues such as child support, custody, prenuptial agreements, etc., in Alpharetta, we are here to help you. Allow the talented and passionate minds at The Millard Law Firm to care for you.

We understand the legal nuances of these matters and go the extra mile to provide the support you need in this difficult time.



What Services Do We Offer?

We handle the full suite of family law matters in Milton, GA. These include:

  • Prenuptial Agreements
  • Paternity/Legitimation
  • Child Custody/Visitation Modification
  • Mediation
  • Guardian Ad Litem
  • Contempt Actions
  • Parenting Plans
  • Child Support
  • Adoption

Sometimes, settling these matters is not a straightforward process. For example, in a prenuptial agreement, both parties considering marriage need to settle on a series of stipulations that would become relevant should they decide to become divorced in the future.

As you can imagine, competing interests and the intent to gain advantages can quickly create a stalemate. A qualified family law attorney in Milton can help negotiate and mediate to ensure that the resulting agreement is as appealing to both parties as possible.

The Wealth of Experience You Need in Your Corner

Considering the sensitivity and implications of family law matters, you need to know that the attorney you are trusting is the right one for the job. With that said, why should you trust The Millard Law Firm to handle these kinds of proceedings?

You should know that our legal team has the in-depth knowledge that families need to navigate these proceedings. This has led to a demonstrated history of success, regardless of the complexity of family law matters.

There are over four decades of legal experience to lean on, complemented by our attorneys’ professional approach. All this leans on a pillar of passion for helping our clients succeed.

Is an Attorney Needed for Legal Family Matters?

In family law matters, it’s always recommended that you retain the services of a family law attorney. Think about the implications, especially if there are children in the mix. You’d want to know that things are resolved as optimally as possible, and competent legal assistance helps to ensure that.

The same goes for situations where considerable assets in the mix need to be apportioned.

Remember that your lawyer is meant to be your advocate throughout the proceedings. So, you can rest assured that your best interests are always at heart and fought for by a passionate professional.

Is Court Required for Family Law Matters in Milton?

This highly depends on the matter at hand. For example, we can often settle child custody situations out of court. If so, we will assist and encourage mediation, considering the parents involved have greater control over the outcome.

In other situations, however, we have the skills and experience to represent you effectively in court for the best possible outcome.

The same goes for situations where considerable assets in the mix need to be apportioned.

Remember that your lawyer is meant to be your advocate throughout the proceedings. So, you can rest assured that your best interests are always at heart and fought for by a passionate professional.

Schedule a Consultation Today with an Experienced Family Law Attorney in Milton, GA!

It’s no secret that matters such as child custody, divorce, etc., can be as financially stressful as they are emotionally draining. As you go through such an experience, you need legal expertise that will fight for you while supporting you through a difficult time.

That’s the kind of experience The Millard Law Firm aims to offer through competent attorneys who have demonstrated successful outcomes. Schedule a consultation with us today by calling (678) 319-9500.

Additional Information & Answers

Determining child custody is a very complicated process that requires the assistance of a lawyer. In Georgia, child custody is determined by what’s in the “best interest of the child.” There are several factors a court considers when determining what is in the best interest of the child such as safety of the child, emotional or psychological needs of the child, history of abuse, the ability for parents to communicate, the child’s decision if they’re aged 14 or older, and location where parents reside. These are some of the major factors that determine child custody.

If the child is aged 14 or older he or she can make an election of which parent they wish to reside with, but that decision is not binding on the Judge. If it is not in the best interest of the child to reside with the parent they chose, their decision can be rejected by the Judge.

It’s important to have an attorney on your side during child custody cases. If you truly want your voice to be heard, hiring a child custody attorney will have an immense impact on the outcome of your custody case. Our lead attorney, Marcy Millard, helps parents in Alpharetta navigate through complex and emotional child custody and high-stakes divorce cases both as a lawyer and a Guardian ad Litem. More importantly, she has been through the process herself as a child of divorce. If you are searching for the right child custody lawyer to defend you, look no further. The Millard Law Firm will fight to ensure the best interests of your child/children.

Child custody cases can be very complicated and have many moving parts. In some cases, a custody evaluator and a GAL may be required by the court in order to help determine custody and visitation rights. The Georgia courts will review all the information submitted, and from there they will determine custody in favor of the best interests of the child. 

In Georgia, child custody is granted through physical or legal custody.

Parents that are granted physical custody have the right to live primarily with the child and in most cases parents will have shared custody (joint custody) of children involved in a custody dispute. In some cases the court will appoint one parent as the primary physical custodian of the child, but more courts are granting both parents joint physical custody.  Joint physical custody allows the child to live with both parents the same amount of time. 

If the Georgia courts determine that one parent is unfit to care for the child, then sole custody will be granted to one parent. In this case, visitation rights may or may not be allowed for the other parent.  This is very uncommon, but can happen in extreme cases of abuse, neglect or other significant issues.

Legal custody determines which parent or parents have legal decisions concerning the child’s education and medical care. The Georgia Court will generally grant the parties joint legal custody with one parent having final decision making authority.. The parent granted final decision making authority for the child will make final decisions if both parents cannot agree on legal matters concerning the child’s well-being. 

Sole custody takes place when the courts determine that one parent is completely unfit to legally and physically have custodial rights. Sole custody is rarely granted; however, based on the Court’s findings it can be enforced. Sole custody grants one parent full legal and physical custody meaning they are fully in charge of the child’s well being. While sole custody grants full legal and physical rights to a child, it does not take away the financial responsibility from the other parent to care and provide for the child. Child support and child custody are two separate matters.

Custody evaluators, which are licensed professionals by the state, will also have a say in your child custody hearing. Custody evaluators give their professional opinion on the ability of both parents to responsibly care for the child. In some cases here in Georgia, psychological evaluations may also be required if the custody evaluator suspects it may be necessary.

A Guardian Ad Litem is an attorney appointed by the court to represent the child’s best interest as far as custody and visitation. Not every case requires a Guardian Ad Litem; however, having one present is highly recommended during complex cases. 

The role of a Guardian Ad Litem in a child custody case is to investigate and provide a recommendation as to who should have custody of the child, the visitation schedule,  if supervised visitation is needed, and other important issues regarding custody.

A Guardian ad Litem is considered the Court’s expert for child custody. They may have some knowledge on child development in psychology; however, their main task is to look through information related to the child’s well-being. This includes interviewing children, parents, and witnesses involved during a custody case in order to give appropriate recommendations for the child or children involved in a custody dispute.

The main difference between a child custody evaluator and Guardian ad Litem is their legal and scientific background.

In Georgia, custody evaluators are licensed psychologists who are usually brought into a child custody case if there are suspected issues of psychological instability. In a custody hearing, a custody evaluator can be requested by another party involved in the case, the Judge or a Guardian Ad Litem. Custody evaluators will report their scientific findings to the court and can also offer a recommendation concerning child custody and visitation.

Neither a custody evaluator or a Guardian ad Litem’s recommendation is binding on the Court.  A Judge is the only authority who can make ae decision based on psychological and legal findings.

Under Georgia law, if parents are not married, the mother is considered the solelegal custodian of the child unless and until the Court grants the father any rights to legal or physical custody. Even if the father is ordered by the court to pay child support, he may not have visitation rights, physical or legal custody of the child. For unmarried parents there are no automatic father’s rights in the state of Georgia. The father has a right to become a physical custodian of the child as long as the court finds it will be in the best interest of the child for him to be a legal or physical custodian. 

Parenting plans also known as the child custody agreement, outlines who will be the primary physical or legal custodian of the child in addition to frequency of visitation. In some cases, both parents cannot agree on visitation rights and frequency of visitation. In this case, the Georgia courts order both parties to submit their own proposed plan on how the child’s custody should work. Both parties submit their proposed parenting plan before the first child custody hearing. The Judge will review the findings in addition to other information submitted by a Guardian Ad Litem and custody evaluator.

Here at the Millard Law Firm we help Alpharetta residents devise parenting plans that make a difference in their case. If you are going through a child custody dispute, it is best to consult an attorney who is well-versed in preparing child custody agreements.

Child support and child custody are handled separately. While both have their similarities, there are various factors that are used to calculate child support payments. In Georgia, the non-custodial parent is required to pay child support. Typically in Georgia, the parent that has the least amount of visitation time is the one required to pay child support.

Just like child custody cases, child support can also be very complex with many moving parts as far as determining who will pay child support and how much will be paid. Our lawyers are skilled at navigating through these difficult situations. We will fight not only for the custody of your child, but also child support associated with caring for your child. Click here to learn more about child support.

Have situations in your life changed since you went through your divorce orestablished a custody or visitation order? Any parent may file for a modification of custody or visitation once every two years or if there is a significant change in circumstances. At The Millard Law Firm, our Alpharetta child custody lawyers are committed to protecting your rights and the rights of your children. Working with a trusted family law firm is in your best interest to ensure you have the best chance for success.

Situations that are typically considered a significant change in circumstances include:

  • One parent wants to move out of state.
  • One parent gets remarried.
  • A parent’s new boyfriend or girlfriend causing harm to your child or children.
  • A change in jobs that allows the non-custodial parent to spend more time with the child or the custodial parent to spend less time with the child.
  • A 14 year old or older child’s election

A frequently used reason for filing a modification of custody and visitation is a move out of state. Many times the non-moving parent believes that the moving parent should lose custody as a result of his or her decision. The Georgia Supreme Court has stated there is no bright line rule to child custody.

Simply moving out of state does not waive your right to custody. Each case must be evaluated individually and the court must make a decision based on the best interest of the child. Whether you are the moving parent or the parent remaining in the state, it is imperative that you retain the representation of a committed Alpharetta family lawyer.

A modification of custody can take several months and in several counties, the moving party is prevented from moving until a final order is issued. If you need to modify your visitation or custody schedule because of a planned move or just wish to determine if your situation will warrant a modification, please reach out to The Millard Law Firm today.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney