Georgia Divorce Laws

Georgia Divorce Laws regarding Child Custody

Child custody in this state is based on code sections 19-9-3 and 19-9-1. The best interests of the child are kept in mind by the court while making a decision. How the happiness and welfare of the child can be promoted in seen. In case the child has completed 14 years of age, the child is offered the right to choose the parent with whom he or she wishes to reside. However, if the parent selected by the child is found unfit to have the custody, then the selection of the child is not considered. In case the child has completed 11 years of age but has not reached 14, then the educational needs of the child and the wishes of the child are taken into account while determining custody. The types of custody which may be granted are joint physical custody, joint legal custody, joint custody and sole custody.

Georgia Divorce Laws regarding spousal support

The Court may award spousal support on a permanent or temporary basis. If the marital dispute originated due to desertion or adultery by one party, then such a party is not granted alimony. The requesting party must prove its need and the other party’s capacity to pay, while seeking spousal support. If the partner receiving alimony remarries, then the alimony is stopped, unless otherwise stated. The Court views the proof of the behavior of both partners towards the other, while pondering on the decision. The other factors which are speculated upon are as follows –

• The period of marital life
• The standard of living experienced during marital status
• The state of the partners inclusive of fixed liabilities, earning capacity and separate estate
• The input of every partner during marital life inclusive of career building of the other partner, education, child care and services in homemaking
• The period essential for either partners to attain enough training or education to be suitably employed
• The economical sources of each spouse
• The emotional state, physical condition and age of both spouses
• Any relevant issue which the Court thinks is proper and equitable

Child support

The Court makes a decision regarding child support while taking into account the following –

• Unusual travel expenditure during shared physical custody or visitation
• The expenses for sickness and accident insurance coverage in case of dependent children
• The income of the parent to be given custody
• The financial living cost factors in the community of each partner
• Expenditure in the family for children over the years
• Extreme financial conditions like high debt or individual gross annual income of more than 75 thousand USD
• Extraordinary needs of the partners like own medical expenditure
• Whether the partner is making any other payment like payment of a mortgage
• In case of self employed partners, the in-kind incomes like company car and reimbursed meals
• A partner’s obligations of support for another family
• Day care expenditures
• Educational expenses
• The age of the child

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