The Georgia Court of Appeals recently issued a decision that should serve as a warning to all fathers of illegitimate children.  In the case of Smith v. Carter, the Court clarified prior case law and held that a mother can collect up to the actual amount of her expenditures for supporting an illegitimate child from the [...]

Under GA law, children born to unmarried parents are considered illegitimate.  OCGA 19-7-25 provides that only the mother is entitled to custody of an illegitimate child.  Fathers of illegitimate children have no rights until the child is legitimated.
Generally, the best way to handle such a situation is for the father to file an action to legitimate [...]

In the recent case of Herrin v. Herrin, the GA Supreme Court reversed a trial court’s decision to increase a child support award and award attorney’s fees.  The trial court had found that the mother was “underemployed” and capable of earning more income.  The Supreme Court, however, held that the record was devoid of any evidence [...]

The failure to file an answer in a divorce case can deprive a litigant of the right to notice of a final hearing.  In the case of Ellis v. Ellis, the GA Supreme Court affirmed a trial court’s denial of a motion for new trial where the wife’s attorney failed to file an answer.  The [...]

The recent economic downturn has lead to an increase in the number of child support modifications.  Non-custodial parents (“NCP’s”) who have lost jobs or income are increasingly turning to the courts for assistance in reducing the amount that they pay for child support.  The GA child support law was changed effective 2007.  If you are contemplating [...]