Legal Question in Family Law in Georgia
I have been separated since May 2008. I have been divorced since August 18, 2009. On March 1, 2010, I developed H1N1 Virus and double phemonia and spent 89 days in three hospitals. I am in out patient rehab now and on disability. Disibilaty is only 60 percent of my base salary. I was a ver y professional regional sales director and have been with the company for 26 years. As a result of this disability, I have lost my job and my company car and all car benefits, insurance, gas, repairs and maintenance etc. My disability net income represents 1/6 of previous net income that includes commissions. I cannot pay child support and Alimony at the rate of 2,200 per month for one child and $3,800 per month in Spousal support.
I currently have a blot lot in my left clavical, an infection in my right eye, my heart is skipping beats and now in the past 2 weeks I have developed an abdominal hernia that is the size of a honeydew melon. This has developed underneath the incision when I went septic which is a whole story.
I have petitioned the courts and served my wife regarding modification of Spousal support and Child Support. I have no idea how long this disability will last
My question is we have already did a QDRO and the 401 K is split 50/50. Since Alimony and Child Support is based on Income, do I have a very strong case or is it legal for a judge to order me to pay alimony and child support at these ridiculous rates from my retirement?
2 Answers from Attorneys
You have omitted the information needed to answer you.
Hopefully you did not file your case without counsel due to the complex legal issues and the fact that if you blow your chance at modification, there will be limits on filing again. (If you do have counsel, these are all questions your lawyer already would have discussed).
Your alimony may not even be modifiable. The language of your original alimony award, which your lawyer certainly discussed with you, determines if it even can be modified, and if so, for what reasons. If you file a suit to modify alimony that is not modifiable, your ex may be awarded attorneys fees and costs for a frivolous filing by you.
Child support can be modified, if the appropriate time periods have happened. While changes in your income can be a grounds to modify, changes in your ex's income also will affect the number, and a judge also must consider the child's needs. What that means is that a change of income does not automatically equal modification. Additionally, if a judge believes that your income may change in the future, that also will be considered. So your post contains reasons a judge MIGHT modify, but it is not a slam dunk that it will happen. Since your divorce was so recent, it is very possible that a request, especially one done pro se, will be denied. It is also possible, depending on facts not in your post, that a proper request, worded correctly, could ultimately help as to child support (or alimony).
You cannot revisit property settlements, so the 401K division is not something that can be reviewed.
Discuss all of this with a lawyer. Do NOT proceed without counsel. Again,.hopefully you did not do this pro se, but if you made that mistake, retain counsel imediately to review your filing and determine what amendments are needed.
Glen is correct - hire a lawyer specializing in family law in your area IMMEDIATELY - he/she will know the Judge and the law and can give you the best advice
If you do not hire Glen (he's an excellent lawyer), call me at (770) 985-6773 and I can help you and/or recommend a good attorney in your area
Good luck and God's speed
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