Blawg of Attorney Christine M Bechtold

Yes, child support can be modified, but only through court Order. Parties are legally required to pay the court Ordered child support obligation unless and until there is a change to the original Order. If there has been a “substantial change in either parent's income and financial status or the needs of the child” a modification of child support can be submitted to the Court. O.C.G.A. §19-6-15 (k) . Once the modification is submitted to the Court, it will go through the same process as the original Order for child support: financial information will be obtained, a child support worksheet will be calculated, documents will be reviewed by the Court, then the judge will enter a final Order on the modification. “In Georgia, a judge may consider increasing or decreasing child support for the following reasons: The paying party involuntarily loses their job or falls ill; Either parent receives additional income through remarriage; Cost of living inc

No, the Georgia Courts do not require child support to continue through college. “The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs.” O.C.G.A. § 19-6-15(e) . Child support generally ends at age 18, but can be continued through age 19 if the child is still in high school. The Courts do not Order child support past the age of 19 unless the parties agree in clear written language. The Georgia Commission on Child Support was formed to establish and regularly review, “child support guidelines, development and maintenance of the Georgia Child Support Calculator, recommending legislation, providing training throughout the State to judges, attorneys, and the public, and many other duties.” http://csc.georgiacourts.gov/ . This Commission ensures that child support is standard across the entire state of Georgia. Any variation on the standard child support duty must be

“Disputes over pet custody most commonly occur when a couple, married or unmarried, breaks up and both partners want custody of the animal.” stories.avvo.com . “A pet owner might feel that his or her beloved pet is like a child, but Georgia courts simply view pets as personal property.” www.ksfamilylaw.com . “Because pets are personal property legally, the courts do not have to consider their best interest in awarding ownership.” www.animallaw.info . If parties cannot agree to custody of the family pet then the Georgia Court will apply its equitable division standard. “Equity seeks to do that which is fair, and what is fair is not necessarily equal - not in Georgia.” www.avvo.com . In many pet custody issues, parties reach an agreement outside of Court regarding the family pet to avoid fighting in Court over another highly emotional topic. If the parties can not agree on custody of the pet, mediation may be recommended to work out the details outside of Court. Some p

Divorce in Georgia can be contested or uncontested. “In an uncontested divorce, the spouses reach mutual agreement on relevant issues like alimony, child custody, child support, and asset division.” www.avvo.com . Contested divorces conversely are resolved by the Court and require litigation. There are many benefits to an uncontested divorce in Georgia: the divorce can happen sooner because you resolve the issues on your own time-line and do not need to have a long waiting period with the Court; the process is “usually more efficient” www.divorcenet.com ; it is cheaper because you do not need to hire an attorney to fully represent you in Court; you know the legal fees before you start bechtold-law.com ; it is less stressful because there are less legal proceedings; your private life stays private, “you do not have to list a specific wrongdoing by your spouse to start a divorce, but must only swear that the marriage is “irretrievably broken” ww

Yes, married parties can separate at anytime, but divorce is only valid when it goes through the Court. “Because marriages are legal contracts, the law requires that they be dissolved by the court.” www.georgialegalaid.org . If you are considering a separation from your spouse, be sure to have open communication and discuss with a family law attorney about obtaining a written separation agreement. Legal separations go through the Superior Court in Georgia the same way as a divorce. “Unlike divorce, a legal separation does not put an end to the marriage, it enables you to live separately but remain married.” divorcesupport.about.com . A legal separation, “isn't very common, but there are situations where spouses don't want to divorce for religious, financial, or personal reasons, but do want the certainty of a court order that says they're separated and addresses all the same issues that would be decided in a divorce.” www.nolo.com . “Legal separation is useful when

Yes, everyone should have a living will. This legal document allows you to set-up guidelines for your healthcare in the event you can't make the decisions yourself. A living will, durable power of attorney for health care, and advance directive for health care (ADHC) are all the same document. Since 2007, Georgia has combined all of these documents into the ADHC. bechtold-law.blogspot.com. "You have the right to control all aspects of your personal care and medical treatment, including the right to insist upon medical treatment or direct that medical treatment be withheld or withdrawn. If you cannot (or do not want to) communicate your health care decisions for yourself, you have the right to choose someone to make health care decisions for you. You also have the right to state your treatment preferences if you have a terminal condition or are in a state of permanent unconsciousness. The Georgia Advance Directive for Health Care Act gives you an opportunity to choose

“It is quicker and cheaper to file for an uncontested divorce. An uncontested divorce is when both spouses agree to most, if not all, of the division of assets, finances, and child custody and visitation of minor children. This type of divorce decreases the Court requirements and legal fees dramatically!” bechtold-law.com . In many cases, it is helpful to start with the uncontested process to see if an agreement can be reached. The benefits of an uncontested divorce is that it is quicker, cheaper, and more efficient. The down side of an uncontested divorce, for some, is that, “no blame is assigned to you or your spouse.” lawyers.com. The Law Office of Christine M Bechtold, LLC offers uncontested divorce services at a flat fee. Call the office today for your free initial consultation. 770.466.2700 Christine@Bechtold-Law.com

Prenuptial agreements are generally looked upon negatively. They are believed to be for people with exceptional amounts of money or when someone believes their marriage is likely to end in divorce - this is simply not true. A prenuptial agreement is a contract between two willing parties who are interested in protecting their interests after marriage. A prenuptial agreement starts with an open discussion between two people who are interested in moving into a successful marriage and are not planning for divorce, but rather, are having an honest conversation about what happens if something goes wrong. A prenuptial agreement allows a marrying couple to clarify what will happen to their personal and financial items in the event of divorce. Having these decisions about personal property decided ahead of time may potentially avoid a delayed and expensive divorce later. For those who did not enter into a prenuptial agreement, a postnuptial agreement between married c

There are some times in our lives when we are too ill to make decisions about our own healthcare. These times can range from going into simple surgery to end of life care. A living will, or advance directive for health care (ADHC), is a legal document that you set-up before you are too ill to make your own decisions. It allows you to set-up guidelines for your healthcare and how you would like these decisions to be made for you when you can't make them yourself. "You have the right to control all aspects of your personal care and medical treatment, including the right to insist upon medical treatment or direct that medical treatment be withheld or withdrawn. If you cannot (or do not want to) communicate your health care decisions for yourself, you have the right to choose someone to make health care decisions for you. You also have the right to state your treatment preferences if you have a terminal condition or are in a state of permanent unconsciousness.The Georgia Advance

Dealing with your ex-spouse about visitation with your child can be especially difficult during the holidays. It is important to communicate with your ex about the plan for visitation in advance. The sooner you communicate and work out a schedule, the better. In most cases, you will have a Parenting Plan or Visitation Agreement regarding visitation with your child. This Plan will include a schedule for how to manage visitation for the holidays. If you do not have this schedule already written, or if either of you want to change it, you will both need to work out a new plan. It is important to be clear about where your child will be during the holidays and who is responsible for transporting your child to and from the visitation.     If your child is age appropriate, you should also make the schedule clear to your child well in advance. Communication is the key to a smooth holiday visitation.

No. The difference between legal separation and divorce often comes up in family law, and the difference is quite simple. In a legal separation the parties are still married.   "A divorce ends your marriage. After you get divorced, you will be single, and you can marry again.”   www.georgiacourts.org The Georgia Courts do allow for a type of action similar to legal separation called separate maintenance. "A party who wishes to live apart permanently, but who does not want to get a divorce, may file a separate maintenance action. The spouses will remain legally married although living apart." www.gabar.org You do not need a separate maintenance action to move forward with a divorce in Georgia. Some people chose a separate maintenance action due to religious, emotional, or financial reasons.  The legal process for a separate maintenance and an uncontested divorce in Georgia is very similar, so unless both people feel strongly about the separate maintena