Divorce On Hold In Georgia

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Divorce On Hold In Georgia

by Mike
(Cartersville, Ga, U.S.)

My wife and I filed for divorce in March. I lost my job do to company closure. After that, I made an amendment to the divorce asking her to agree with lowering my Child support from $1,200 a month to $400 a month. We have 3 kids, and she didn’t want to sign which I figured. She wants $600 a month, which makes it hard for me to pay rent. The divorce is not submitted, but is on hold. I was thinking of dismissing it and redoing it. But chances of her signing that without going to court are probably going to be slim to none.

Every child support calculator has me paying between $300 and $500 a month, basing it off of what my unemployment brings in. Right now I have been paying her $500 a month, but I don’t want to be stuck with $1200 a month making a lot less money then I did when I was working.

Obviously I'll give my kids all I can, and up until I lost my job I usually gave her more then what we agreed. I love my kids very much, and want to provide for them, but I don’t want an amount dangled over my head that will put me on the streets. My question is, would it be better to let the divorce go through as is, and then file a motion, or should I go ahead and dismiss it and re-file?

Thanks

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Divorce On Hold In Georgia

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We have a question
by: Child Support America Team Member

Hi Mike,

Before we can offer our advice, we have a question. Did you first agree to pay 1,200 a month in one of your court hearings?

We need to know where the 1,200 amount came from, if it wasn't ordered yet? Simply reply to this post and we will respond back.

Thanks,
CSA STAFF

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$1200
by: Mike

we agreed to it on the paper work. No hearings or anything yet. Infact If she had signed the amendment we'd be divorced. It was a non contested no fault divorce till I lost my job, now she want work with me on it.

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divorce on hold in ga reply
by: Anonymous

The 1200.00 was the amount the lawyers calculated from the amount of my former pay status. We havnt had any court appearances and nothing is finalized. We are in a holding pattern with the paperwrk because the lawyer says that it has already been submitted to the court and the original paperwork can't be changed. So should I have it dismissed or is there a way to change the original paperwork.

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What you can do
by: Child Support America Team Member

When you say the lawyer: says that it has already been submitted to the courts, are you talking about your personal attorney?

If you have your own attorney, it's best to ask him what you should do. If you don't have an attorney there are a couple ways you could go about it.

Normally there are a few hearings before the divorce is final. So you could continue with the proceedings, and explain to the judge of your employment change. Explain to him that you agreed to the 1,200 before you lost your job, and see if he will modify it for you.

If for some reason the judge will not modify your child support, then you could dismiss your case and re-file.

The bottom line is, you are entitled to file for a child support modification when your economic system has changed. Check our Georgia state page on the left under state laws. See if it tells you how often you can request a modification in the state of Georgia.

It would be better to get everything done in court, but you can always get a modification as a last resort. I'm curious if you have your own lawyer on this case. Let me know

P.S. The above information is simply our opinion only, as we are not legal consultants.

Thanks
Doug
CSA STAFF

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divorce on hold in ga reply
by: Anonymous

yes I have a personal attorney and he said we could file an ammendment for the child support but that the judge might not approve it and my wife wont agree to it.

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Great
by: Child Support America Team Member

I'm glad you have your own attorney. You don't want to be doing this without legal counsel. Well, we hope everything works out for you, and feel-free to contact us anytime.

CSA STAFF

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Divorce On Hold In Georgia

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Divorce On Hold In Georgia