Legal Question in Family Law in Georgia

when i got divorced, my ex didn't have any income and didn't put any income in the child support calculation worksheet, it showed hers as $0 and mine at $51k/yr. she filed the papers to me and gave me a deviation in the child support based on me paying 100% medical. she since got a $12/hr full time job. i need to refile for an adjustment based on the fact that she's now working. will that same deviation apply now since im still responsible for 100% medical? This is in the state of Georgia. What paperwork do I need to submit to get this adjusted? The divorce was in September, she got the job almost immediately after the divorce was final, like she planned it that way or something to keep her obligation to her kids down. Right now I'm paying $800/month in child support + $100 for equitable division of marital property (she didnt ask for my 401k). I'm also responsible for half of the child care costs. We have 2 kids, ages 1.5 and 4.5. I personally have the kids at my house for 2 - 3 nights per week, every day I'm off of work. I work retail management and sometimes my schedule doesn't quite go how I expect it, especially during holiday time of year. If anything changes with my schedule and it doesn't go exactly how she dictates, then she constantly threatens to keep the kids away from me, even though the papers say that I can have them on my off days as long as I give proper notice of when those days will be. Often times my off days are during the week, and not on the weekend. The threats come from her weekly, I shouldn't have to live my life with constantly wondering if I'm going to see my kids or not.

This week she's somehow convinced my 4 yr old that she doesn't want to come to stay at my house and my ex is also saying she's going to send our 1 yr old to the nanny, even though I'm willing and able to take care of her. What can I do in this scenario? I'm not exactly sitting on thousands of dollars to hire someone.


Asked on 12/17/12, 10:19 am

1 Answer from Attorneys
Tahira Piraino Tahira P. Piraino

Unfortunately you need to seek the advice of an attorney. You are dealing with a modification of child support and contempt issues. You will more than likely need to file discovery to obtain accurate income and other information. If you continue to provide medical insurance the children's portion of the medical insurance will be part of the child support work sheet. Again, I advise you to get legal counsel.

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Answered on 12/18/12, 7:37 am


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