Family Law

PROPERTY DISTRIBUTION

CHILD CUSTODY/SUPPORT

ALIMONY

PATERNITY

PROPERTY DISTRIBUTION

Generally, the Courts look to the equitable division of marital and separate property. Property acquired during the marriage by either party by gift, inheritance, bequests, or devise remains a separate property of that party, and is not subject to equitable division, except to the appreciation and value caused by the efforts of the other party during the marriage.

Insurance Policies, Joint Savings Accounts, and Annuity Benefits
Invested retirement benefits can be marital property subject to equitable division along with gifts between spouses of property acquired during marriage.

Contingent fee agreements are not marital property because their value is too speculative, and likewise, a medical school education and license are enot marital property.

In equitable division, the Courts will look at the following factors to determine what is equitable, fair and just; the duration fo the marriage, the age and health of the parties, the income or property brought into marriage by each party, the standard of living established during the marriage, any written agreements made by the parties before or during the marriage, the economic circumstances of each paty at th eitme of the division of property, the income and the earning capacity of each party, the contribution by each party to the educatin and training of the other, the contribution of each party to the acquisition or value of the marital property, the present value of the property, the needs of a parent who has physical custody of a child, the debts and liabilities of the parties and the need for creation, now or in the future of a trust fund to secure a reasonably foreseeable medical or educational cost for a spouse or child along with other factors which are relevant, Official Code of Georgia §19-5-13.

CHILD CUSTODY / SUPPORT
Both parents are liable for the child support of minor children. The court may award child support from either parent, based on the customary needs, and the parent's ability to pay. The Court will look at special circumstances including the age of the children, the medical costs, educational costs, daycare costs, custody arrangements, support obligations to another household, hidden income of a parent, the income of the parent with custody, contributions of the parents, extreme economic circumstances, a parent's own extraordinary needs, the historical spending level of the family, cost of insurance, cost of visitation travel expenses.

ALIMONY / MAINTENANCE / SPOUSAL SUPPORT
Alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are considered:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as a homemaker in childcare, education and career building of the other spouse;

2. The duration of the marriage, the financial resources available;

3. The age, physical, and emotional condition of both spouses, the value of each spouses separate property, the earning capacity of each spouse, fix liabilities of either spouse, the standard of living established during the marriage, the needs of the parties seeking alimony, the ability of the other party to pay, the conduct of each party towards the other, and other relevant factors. Official Code of Georgia, 19-6-5, 19-6-12.

PATERNITY
The question of paternity arises in child support contest to establish the alleged father of the child. Other issues would involve child support payments, visitation privileges, and matters in the best interest of the child including medical expenses, see Official Code of Georgia, 19-7-23, 19-7-40.

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