Legal Question in Family Law in Georgia

Dad paying half the mortgage on the marital home ($1,300) "in lieu of child support" for previous 4 years. Custody of the minor child now changed. Court orders Dad to continue paying half the mortgage and orders Mom to pay Dad child support ($800). The net effect is Dad has child and paying Mom $500 per month. There was never an issue of alimony, incomes similar and mom was in an adulteress relationship. Seems totally unfair, what's the remedy, appeal?


Asked on 2/17/12, 3:22 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since we don't have any of the paperwork including the financial affidavits and banckground, no, it doesn't seem unfair. Depending on the numbers and the circumstances of the original order it might make perfecvt sense.

Since appeals are not going to succeed for factual determinations (as the judge has discretion) in those, absent a LEGAL grounds, no, appeal isn't a likely remedy (any appeal has to be done within 30 days). Since you deleiberately left out the things that matter (finances, language, reason for the initial order) there is no way anyone can even guess here.

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Answered on 2/17/12, 5:39 am
Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

There was a legal change of custody? I assume you had a lawyer. Ask him/her.

If you DIDN'T have a lawyer...then yes, it might be "totally unfair", but that's what happens when you refuse to hire a lawyer to assist you.

Next time hire a lawyer.

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Answered on 2/17/12, 7:07 am


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