Legal Question in Family Law in Georgia

The time to raise all of those issues -- at the hearing. Courts don't reverse orders because a party could have, but did not, present evidence or an argument at the hearing.

It sounds as if you did not have an attorney. If you did, you need to discuss the issues with him/her. If you didn't, you unfortunately took the risk of trying to represent yourself. You had the opportunity to present your evidence or argument at the time of the hearing. The Judge makes his/her decision on the evidence presented and applies the law. As to the insurance issue, if it is in the order the custodial parent was to provide insurance and doesn't, he/she is in contempt. You can file a modification at some point. However, the modification is filed on a change of circumstances not because of a mistake. I suggest you speak to a family law attorney.

A motion for contempt for failure to provide insurance is the way to go for that. If you can prove that the custodial parent actually lied about their income, and this is not something you could have proven independently at the time of the hearing, you might be able to move for a new hearing , or you can move to modify child support on the basis of a change in income. If the order was a modification of child support, you would have wait two years to change under the later method. I had one case where a parent came to court and said that we could not modify because the income had not changed since the first hearing, thus admitting that he had signed a false affidavit during the original hearing. The Judge then stated in court that he would consider that as a valid basis to set aside a divorce decree. Because the father had already remarried, he was then very willing to agree to increase the child support. All in all, get a lawyer before you do anything and get these things fixed.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.