Child Support Calculations For Self Employed Affirmed

Child Support Calculations for Self Employed AffirmedChild Support Calculations for Self Employed Affirmed.  The Supreme Court affirmed the amount of child support awarded to the wife, holding that the trial court did not clearly err in determining the husband’s monthly self-employment income after a careful review of the conflicting evidence. The Court also held that the trial court did not abuse its discretion in declining to add cheerleading expenses to its child support calculations.

If you have questions about how the child support calculations for the self employed – contact the Remboldt Law Firm, LLC to see if this case would apply to your situation.

If you have questions about how to make the Georgia Child Support Worksheet Calculation, the Child Support Addendum – or For more information, contact the Remboldt Law Firm at 404-348-4081 for a free consultation.

You may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Ellis v. Ellis, S11F1506 (02/27/12)

From the Fulton County Daily Report, March 3, 2012

Child Support Worksheet Calculation

child support worksheet calculationChild Support Worksheet Calculation.  You may find the Georgia Child Support Worksheet helpful.  But also how does the court view the child support worksheet calculations?  Here’s a case where there were many issues and the court addressed each one.

First, the Court is required to make a written finding to support its deviation from the presumptive amount of child support for extraordinary educational expenses (there’s a space on the worksheet – you need to use it!) and this is one of the purposes of the Child Support Addendum.

If one party does not work, you should impute a monthly gross income based on a 40-hour workweek at the national minimum wage.  This is also used if the party has no viable way to calculate their income.

The court allows for prorating of the husband’s responsibility for the basic child support obligation before proceeding through the remainder of the steps in calculating his monthly child support obligation;

There is no requirement to enter written findings regarding low income if there is no deviation for such;

A party is not entitled to a specific deviation for the child’s extracurricular expenses if they agreed at trial to pay for these expenses and offered no evidence as to the amount in the settlement agreement.

It is ok to enter into a security agreement and collateral pledge to guarantee the payments required by the divorce decree.

If you have questions about how to make the Georgia Child Support Worksheet Calculation, the Child Support Addendum – or For more information, contact the Remboldt Law Firm at 404-348-4081 for a free consultation.

You may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Brogdon v. Brogdon, S11F1975 (02/27/12)

Fulton County Daily Report, March 2, 2012

Parental Rights Termination and Drugs

Parental Rights Termination and Drugs.Parental Rights Termination and Drugs.  Here’s an example of a case where the parental rights were terminated by the Court due to drug use.

The Court of Appeals affirmed the termination of the mother’s parental rights to her 10-month-old daughter, holding that the trial court did not err in finding that the child was deprived, the mother was the cause of the deprivation and the deprivation was likely to continue, where the mother had a 12-year history of drug addiction and repeatedly used methamphetamine while pregnant; neither of the mother’s two other children were in her custody; the mother had multiple felony drug convictions and was in jail after the child’s birth; the mother failed to financially support the child until four weeks before the termination hearing; the mother had five separate residences since the child’s birth; the mother made no attempt whatsoever to visit the child until she filed her motion for visitation when the child was nine months old; and the mother was willing to reconcile with the father, who was also addicted to methamphetamine and had not completed any type of drug treatment. The Court also held that termination was in the child’s best interest, based on the evidence of the mother’s prior drug problems, her failure to support or develop any bond with the child, her willingness to reconcile with the father, and the paternal relatives’ desire to adopt the child.

Parental Rights Termination and Drugs.  For more information see the Georgia case:  In the Interest of Z.P., A11A2183 (02/24/12)

If you have questions about Parental Rights Termination and Drugs, a divorce settlement agreement, contempt, or if you are considering filing a divorce, please contact the contact the Remboldt Law Firm, LLC at 404-348-4081 for a free phone consultation.

From:  Fulton County Daily Report, March 9, 2012.

Custody Subject Matter Jurisdiction

Custody Subject Matter JurisdictionCustody Subject Matter Jurisdiction.  The Court of Appeals reversed the Georgia trial court’s permanent modification of the initial child custody determination made by a Kansas court and the denial of the mother’s motion to set aside the modification, holding that the Georgia court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Although Georgia satisfied the relevant home state requirements of O.C.G.A. § 19-9-61 (a), Kansas never determined that it no longer had exclusive, continuing jurisdiction and no evidence supported the Georgia court’s finding that the mother no longer resided in Kansas. The Court also held that the trial court did not err in denying the mother’s motion for attorneys’ fees pursuant to O.C.G.A. § 19-9-68, as the Georgia court’s improper invocation of subject matter jurisdiction was due to its own error, not the allegedly unjustifiable conduct of the father; mother was not entitled to attorneys’ fees under O.C.G.A. § 19-9-92 either, as that provision applies only to enforcement proceedings.

Custody Subject Matter Jurisdiction.  For more information about this case see:  Delgado v. Combs, A11A1948 (02/29/12).

Fulton County Daily Report, March 9, 2012.

If you have questions about Custody Subject Matter Jurisdiction, a divorce settlement agreement, contempt, or if you considering filing a divorce, please contact the Remboldt Law Firm, LLC at 404-348-4081 for a free phone consultation.

Income Deduction Order Georgia

Income Deduction Order Georgia – Income Deduction Orders (State Form) and Income Withholding Orders (Federal form) must be submitted with the Final Orders to the Judge in a divorce in Georgia unless the court issuing the order finds that there is good cause not to require withholding and such a finding must be based on at least a written determination that implementing wage withholding would not be in the best interest of the child, or a written agreement is reached between both parties which provides for an alternative arrangement.  O.C.G.A. 19-6-32(a)(1).

The Federal Office of Child Support Enforcement (OCSE) and the Office of Management and Budget (OMB), under 42 U.S.C. 666, have issued an Income Withholding Order (IWO) that is required to be sent to employers with ALL income deduction orders issued on or after May 31, 2012.  The consequence of not suing the required IWO form is that the employer must reject the income deduction order and return it to the sender, potentially causing an unnecessary delay.

For resource materials on Income Deduction Order Georgia please see HERE.

For information about an  Uncontested Divorce income deduction order Georgia, contact the Remboldt Law Firm for a free consultation at 404-348-4081.

You may find the Uncontested Divorce Worksheet helpful in moving forward with your uncontested divorce.  Here is the link to the Georgia Child Support Worksheet.

Equitable Division Not Modifiable.

Equitable division not modifiableEquitable division not modifiable.  Here’s an example of a case where the court tried to modify a settlement agreement and failed.

The parties were divorced on October 3, 2007. The final divorce decree incorporated the parties settlement agreement into it making it the Order of the Court, the agreement provided that the marital residence would be placed on the market for sale, and that the net proceeds would be divided equally between the parties. If the house did not sell within two years, the Husband would refinance the marital residence and pay Wife one-half of  the equity at the time of refinancing. The marital residence did not sell; the Husband remarried and purchased a second home with his new wife.  The new home was titled in both of the parties names (Husband and new Wife) and the debt solely in his (Husband’s) name.

The Wife filed a motion for contempt because her ex-husband had not refinanced the home and she had not been paid.  The trial court found Husband in willful contempt, assigned all risk of any deficiency to the Husband, and ordered that the Husband “shall sell or liquidate all available accounts and property and shall pay down the mortgage.”

The Georgia Supreme Court affirmed the willful contempt order, however, reversed the trial court’s directive as not simply a clarification or interpretation of the decree, but a modification of the settlement agreement and divorce decree.  Requiring the Husband to sell or liquidate all available accounts and property and pay down the mortgage was deemed a modification of the settlement agreement.

Equitable division not modifiable.  For more information see the Georgia case, Jell v. Jett, 291 Ga. 56 (May 7, 2012).

If you have questions about a divorce settlement agreement, contempt, or equitable division not modifiable, if you considering filing a divorce, please contact the Remboldt Law Firm, LLC at 404-348-4081 for a free phone consultation.

Divorce Settlement Agreement Mistake

Divorce Settlement Agreement MistakeDivorce Settlement Agreement Mistake –  What happens when you make a mistake drafting your settlement agreement?  Sometimes the consequences can be difficult to live with or you might need the court to help you enforce the provision and the provision deemed invalid.  So, it is very important to pay attention to how your divorce settlement agreement is drafted and try to not make a mistake.  Here’s an example of a time when things went wrong!

In the parties’ divorce settlement agreement, the Wife was awarded marital home along with mortgage obligation. The Wife was required to use her best efforts to refinance the home and pay the husband $20,000 for his interest after she refinanced it. If the house could not be refinanced and it was sold, the Wife was to pay the Husband $20,000.

This equitable division award was vacated by the appellate court for a couple of reasons,

(1) The Husband made an O.C.G.A. § 9-11-52 request for findings of fact from the trial court. A trial court is not required to make a finding of the value of a marital estate. However, when a § 9-11-52 request is made, the judgment must include sufficient findings to clarify the rationale of the trial court.

(2) The requirement of payment to the husband was considered indefinite because it was not required unless the wife refinanced or sold the home.

It is a divorce settlement agreement mistake when an obligation of a party relating to the settlement agreement extends for an indefinite period of time.  Therefore, make sure all your agreements have a beginning, and end time and a very specific task or term to make sure it is enforceable if you need the Court’s assistance.  For more information about this particular case see Arthur v. Arthur, 293 Ga. 63 (May 20, 2013).

If you have questions about a divorce settlement agreement mistake or if you considering filing a divorce, please contact the Remboldt Law Firm, LLC at 404-348-4081 for a free phone consultation.

Marital Settlement Agreement Enforcement Georgia

Marital Settlement Agreement Enforcement GeorgiaMarital Settlement Agreement Enforcement Georgia Martial Settlement Agreement enforcement Georgia is done by the Court!  But sometimes things go wrong, here’s a case were everything went wrong.

First the Parties negotiated and announced their settlement to the trial court before having a hearing and presented their memorandum of understanding signed by both parties and their counsel.  During the process of memorialization of the document, wife and counsel realized that the memorandum actually awarded Husband the marital residence even though they contended that Wife never agreed to that arrangement.

Husband’s counsel sent the Consent Order to the trial court consistent with the memorandum but erroneously awarding the marital residence to Husband.  The Wife filed a motion to set aside the settlement agreement because it did not reflect their agreements and the lower court denied the motion.

The Supreme Court affirmed the lower court’s denial of her motion to set aside because the settlement agreements follow contractual rules and those who sign a document are presumed to have read the document.

However, the Supreme Court also found an abuse of discretion by the trial court Judge for entering a consent order that was clearly not consented to by both parties.  The Court noted that rather than submitting an erroneous consent order to the court, Husband should have filed a motion to enforce the settlement agreement.

So lesson learned, when you are signing your settlement agreement or mediation agreement, or memorandum of understanding, be very sure all the provisions of your agreement are accurately reflected because marital settlement agreements will be enforced by the Court as they are presented like any other contract.  For more information about this case please see Buckner v. Buckner, 2014 WL 819477 (March 3, 2014).

If you have questions about a marital settlement agreement enforcement Georgia or a divorce, please contact the Remboldt Law Firm, LLC at 404-348-4081 for a free phone consultation.

Attorney Fees in Divorce Case

scalesAttorney Fees in Divorce Case – As a family law attorney a common question asked by my clients is can I get my attorney fees paid by the other party in a divorce?  The answer is sometimes, but I never suggest my client expect that the attorney fees in divorce case are paid by the other party.  Your attorney will have several statues of which may help you obtain attorney fees they are:

O.C.G.A § 19-6-2 applies only to cases involving alimony, divorce and alimony, or contempt of Court arising out of alimony or divorce and alimony cases, which have issues, such as those of property division, child custody and child visitation.    Generally speaking, if attorney fees are requested in a contempt action, a finding of contempt must be authorized to receive a property award of attorney’s fees.

O.C.G.A § 19-6-19 applies only to alimony modification actions and provides that an award of attorney’s fees may be available to the prevailing party “as the interest of justice may require”.

O.C.G.A § 19-6-22 applies in cases where the a person who is defending against alimony an alimony modification action.

O.C.G.A § 19-9-3(g) applies to cases where child custody is the issue, and may be used by the court to award fees and expenses for experts and a guardian ad litem as well as other costs (in addition to attorney fees).

O.C.G.A § 9-15-14.  applies to cases where a party was “substantially frivolous, substantially groundless, or substantially vexation, or was brought for purpose of “delay or harassment”.

If you have questions about attorney fees in divorce cases, you should discuss your particular concerns early in your case with your lawyer.  A lawyer will discuss your objectives and concerns to see if an award of attorney fees is a realistic goal and makes sense for you.

Attorney Fees in Divorce Case – For information about attorney fees – contact the Remboldt Law Firm for a free consultation at 404-348-4081.

Child Custody Litigation

Child Custody LitigationChild Custody Litigation – Many of my clients come to my office seeking advice about child custody litigation.  The first thing I discuss with my clients is how serious the journey will be – in that it will likely impact their children’s health, happiness, and relationship with both parents.  Additionally, never will all the client’s conduct, words, attitudes and relationships be as closely scrutinized as during a custody litigation.  Unlike other domestic relations litigation, in custody litigation, the conduct of the parents during the pendency of the litigation, many times determine the outcome of the case.  Following is a list of conduct your attorney will discuss with you and likely suggest that you SHOULD NOT engage if you are considering child custody litigation.

  1. Violence.
  2. Use of drugs
  3. Frequent consumption of alcohol.
  4. Improper romantic or sexual relationships.
  5. Mistreatment of a child.
  6. Interference with a child’s relationship with the other parent.
  7. Failure to exercise all possible visitation or contact with the minor children.
  8. Failure to pay child support or other support as required.
  9. Lie or make misrepresentation under oath.

Additionally, you should assume that the other parent will be / or has been documenting your conduct.  It is best, leading up to the litigation, that you should make sure your conduct does not include those conducting on the above list if you are considering child custody litigation.

If you have questions about child custody litigation or are considering your options as it relates to a change of custody of your children, you should seek out a knowledgeable child custody lawyer to help you decide next steps.  A lawyer will discuss your objectives and concerns to see if child custody litigation makes sense for you.

For information about a child custody litigation in Georgia, contact the Remboldt Law Firm for a free consultation at 404-348-4081.