Legal Question in Family Law in Georgia

I have decided to file for divorce mainly because of my husband's decisions that have led to our family almost losing our home to foreclosure. He lost his job about 2 years ago but obtained a new job with my assistance that pays much less about 6 months ago. With our current income we do not have enough for file for divorce in our county without negatively affecting other household bills. He was recently presented with an opportunity that would pay much better than even his previous position but the position may not start until late summer or early fall and at this point it is not guaranteed that he will even get the position but he is hopeful since he has spoken to a manager. Should I wait until he gets the higher paying job or file now? Currently I am the breadwinner but not by a huge percentage. I am wondering how the timing of filing would affect child custody because he would be making a much higher income than me if he gets the position he is looking into. Couples counseling has not worked for us. What should I do? File now or later?


Asked on 5/21/15, 4:44 am

1 Answer from Attorneys
Tahira Piraino Tahira P. Piraino

A parent's higher income should not impact custody as custody is based on the best interest of the child, not the income of a parent. It would, however, impact the amount of child support you would receive if awarded primary physical.

Read more
Answered on 5/21/15, 6:23 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia