Legal Question in Family Law in Georgia
Changes to divorce documentation
In an uncontested divorce, once a settlement agreement is proposed (in this case from a Plaintiff/wife to a defendant/husband), agreed upon and signed by both parties, can it be changed on the day of the hearing granting the divorce?
I ask because in our situation, the Plaintiff indicated special circumstances apply where child support is concerned (ie: very high debt ratio, support requirements for another household etc...). We agreed that support for one child would be 11% of my salary. I'm afraid that a judge will ''over rule'' what my wife and I agreed upon and increase the support amount.
Can they do this if we agreed and signed the agreement?
2 Answers from Attorneys
Re: Changes to divorce documentation
Yes, a Judge can reject an agreement and rule, after hearing the case, as he sees fit.
Re: Changes to divorce documentation
Absolutely, a judge can decide the case regardless of the agreement of the parties. This helps protect the best interests of the child, which, unfortunately, is not always considered by the parents. The statutory guidelines for support are 17-23% of gross income. A court won't normally go outside this range without good reason.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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