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 [...]

GA divorce law provides that a trier of fact (i.e, the judge or jury) may consider the parties’ conduct during the marriage in deciding whether to award alimony, but evidence of the conduct is not admissible in determing the amount of the alimony awarded.  See O.C.G.A. 19-6-1(c).  Always consult with an attorney if you are [...]

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 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 [...]