Legal Question in Family Law in Georgia
% of obligor versus Income shares
I have an upcoming custody modification & CS case against me. My 17 year old son moved in with me for 1 year but has gone back to bioMom
I realize the % of obligor is to be effect until January 1st.
In my case, Child support using the income shares would be substantially less. The new statues also imply that I will be unable to modify soley because of the new guidelines.
There has yet to be a settlement because she wants much more than I am offering
She and her lawyer have not even made a counter offer and court is next week (Cobb)
I paid my CS at 20% for 14 years, I know I don't have much longer (2 years) but it seems unfair to effectively sentence me to two years on a system that is changing in less than 6 months? The difference is thousands.
The exwife is not settling and seems intent on handling this matter only in court.
Her income really is twice as much as mine, how likely is it that this could be a deviating factor? Are there judgement trends in anticipation of the changes?
My guess is, regardless of how well it is argued, the outcome will boil down to the scary notion of ''judge's discretion''.
However advice, or opinions greatly appreaciated?
2 Answers from Attorneys
Re: % of obligor versus Income shares
You should contact Jim Gordon, in Marietta. LawGuru doesn't allow phone numbers in responses, but you can find him at www.gabar.org (James B. Gordon)
Re: % of obligor versus Income shares
Discuss your concerns with your lawyer. Only he really knows enough detail to help you weigh your options.