Legal Question in Family Law in Georgia
2 questions regarding child
I have a 6 year old step-daughter that lives at home with her mother. My husband and I are the non-custodial parents. I have 2 questions regarding custody.
1. How much should we owe on child support if my husband makes about $4000.00 per month and we have 2 children in our home (one is his step-son and the other is ours together)?
2. What are the chances of us getting full custody of my step-daughter? We are married and have a good household and I am a stay at home mom. Her mother is living in a house with her boyfriend, which she is having serious problems with, and she works a lot at a restaurant and her kids spend a lot of time at their grandmother's home because she can't watch them.
3 Answers from Attorneys
Re: 2 questions regarding child
Your support question cannot be answered as we don't have the necessary math. The mother's income, amount of visitation, amount of support paid to other households, cost of health care and so on are all factored in.
Nor can anyone give odds of a custody change. If you can show fitness on one side and unfitness on the other side, a judge may change custody.
Re: 2 questions regarding child
Both of your questions are very fact-specific and difficult of being answered in this forum.
Child support used to be capable of a fairly simple answer. Under the old guidelines, 1 child was 17-23 % of the gross income of the non-cuystodial parent, usually falling in the middel at 20% ($800 for $4000).
Child support is now based on the combined gross income of both parents, so a lawyer would need to knwo the incomes of both parents to start the claculation. There are two mandatory add-ons: work-related child care and the child's portion of health insurance, that also need to be known to calculate support. Other variables may include whether either parent has a pre-existing support obligation, other children for whom support is being provided and a host of other deviation factors. For more information on what is considered since January 1, 2007, see http://sworrall.typepad.com/georgia_family_law/2007/05/georgia_child_s.html or http://sworrall.typepad.com/georgia_family_law/2007/01/frequently_aske.html
Custody is also very fact-specific in these cases. The answer will depend on a lot of factors. If there has been a prior custody determination, your husband will have to show that facts have substantially changed since the last order. The facts you describe may rise to that level, but you need to review the case with an attorney to get a better idea.
Re: 2 questions regarding child
The questions that you ask are outside the scope of this forum. Because you will need to show that circumstances have changed, and that those changes have significantly impacted the best interests of the child, it will be unwise tho initiate the action that you describe, unless you hire an attorney because proving facts in court is not easily accomplished.