Legal Question in Family Law in Georgia
New Child Support Law: mother & father's income
My husband just got served papers for child support filed by his ex-girlfriend. The paperwork included a worksheet that would state the mother's income as well as my husband's income. It also stated to bring paycheck stubs, etc for the past 12 months and tax returns for the past 3 years. How will they calculate how much child support he would pay? Also, is it based on his current income now or take the average of how much he made during the last 3 years? He makes $22k annually and I make about $90k. I know they will calculate it based on his income but how will my higher income affect the calculation, if any? My husband paid to have a DNA test to prove that the child is his. It came positive. But didn't do it through court to legitimize the child. Do we have to do this over again to file for access rights to the child because the mother is now keeping her away from us after my husband mentioned he wants full custody of her. We know we can take care of her better. Will this be a different court appearance or can we talk about this during the child support hearing?
2 Answers from Attorneys
Re: New Child Support Law: mother & father's income
I will break down your questions into different categories:
Child support is based on his income and the mother's, not yours. It may be appropriate for the mother to discover your income and financial status as part of your husband's total financial picture, but your numbers do not go onto the worksheet.
Legitimation is totally separate from paternity or child support. It is a lawsuit that can be only be filed by the father. If granted, the result is that he is placed on an equal footing with the mother as to asking for custody. Until a legitimation occurs only the mother has any custodial rights. The custody issue can be determined in the same action as the legitimation thanks to a change in the law a few years ago, but it may not be allowed in the same action to establish paternity, depending on who is pursuing the support action, the mother or a state agency.
If we can be of service, please let us know.
Re: New Child Support Law: mother & father's income
You would need to file a private action for legitimation. Legitimating and visitation are easy. Chanding custody is a complicated legal issue that requires a lot more effort and is generally difficult to win a change (immediately after legitimation), unless one of the parents is unfit. But each case is different so the consultatoin of a competent attorney to hear all the facts would be advised.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
