Friday, January 28, 2011

Child Support Worksheet

ENGLISH:
Child support worksheets are required in any order, whether temporary, or permanent that addresses the child support obligation.

LEGALISH:

CODE EXCERPT:  from O.C.G.A. 19-6-15

Section (c) Applicability and required findings.

(4) In all cases, the parties shall submit to the court their worksheets and schedules and the presence or absence of other factors to be considered by the court pursuant to the provisions of this Code section.



WHERE DO I GET THESE WORKSHEETS?
Get them from the Georgia Child support commission . . . HERE AT THIS LINK.

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Settlement Agreement

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Child Support Addendum

OK . . . you are really going to be bold and try to do this all on your own . . .
Good luck.

Many attorney still don't know how to calculate child support after years of practicing.
(So why do I keep saying "get a lawyer" you may ask . . . lol.)

I should say, get a good family law attorney.  I might even post a few links to some I would recommend one of these days.

ANYWAY . . . start with THIS LINK to the Georgia child support website and download the excel calculator.  Stay away from the pen and paper version, and let Excel do the calculating.  Seriously, you are asking for headaches and rejected paperwork if you don't let Excel do the work here.  PS.  The worksheet with the extra data collection papers may look enticing, but personally I can't stand them.  Don't use the crutches, get in there and do the real deal.

SO . . .
Landmines that you will have to avoid:
1)  not doing the presumptive child support calculation correctly
    (a) enter monthly incomes into schedule "A"
    (b) enter medical expenses for children's covered health care into Schedule "D"
    (c) enter day care costs associated with work into Schedule "D"
2) thinking you can just agree to an amount and ignore the calculation process
3) trying to use Schedule "E" to deviate without explaining why the deviation is in the best interests of the child.
4) trying to use low income deviations without knowing the statutory minimums
  (i.e.  100 dollars for the first child, and 50 for each additional child)
5) trying to use "parenting time" deviations without knowing that the law behind this deviation was changed in 2007 when Georgia switched to the "income shares" model.   See Hamlin v. Ramey, 291 Ga. App. 222 (2008) 

OH . .. . BTW . . .

If you are self employed, have other children already on child support, have non-parent custodian, have a split parenting plan (mom gets one child, dad gets the other) or any of the hundreds of dozens of other variations possible in this whole mess, you better dig into OCGA 19-6-15 pretty deep, as you got some studying to do.

The good thing is, Schedule "C" is intentionally left blank for now.
The bad thing is, the powers that be put in Schedule "C" and intentionally left it blank for future changes.




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Parenting Plan

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Final Order of Divorce

You are doing this on your own, and YOU will need to write the final order of divorce.
There are many aspects to that, but this is the required minimum language as specified by O.C.G.A. 19-5-12:


--FINAL JUDGMENT AND DECREE--

Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.

It is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.

Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry.

Decree and order entered this _____ day of _____, _____.

 ______________________________________
Judge____________________, Superior Court



HEY . . . BEFORE YOU GO CUTTING AND PASTING AND THINKING THAT IS IT. . .

You ALSO need to state whether the wife is going to retain her maiden name.

You ALSO need to identify any other documents that are going to become part of the court order.
(e.g. If you have a settlement agreement that you have titled "John and Jane Smith Divorce Settlement Agreement", you need to add a line stating "The court incorporates into this Final Judgment and Decree, the settlement agreement between the parties named 'John and Jane Smith Divorce Settlement Agreement' that was executed by the parties on the ___ day of __________, _____".

You also have to put "the style of the case" at the top of the document.
The style of the case is what you see in every court pleading . . . and it includes the court, state, county, parties, and case number.
This is what that looks like:

IN THE SUPERIOR COURT OF THE COUNTY OF PAPADAKALICIOUS
STATE OF GEORGIA

JOHN SMITH                                  )
                                                         )    Civil Action File
v.                                                      )     File #  ____________________
                                                         )
JANE SMITH                                  )
_____________________________________________________________________


So . . . . your final product will START WITH A BASE OF THIS:


IN THE SUPERIOR COURT OF THE COUNTY OF PAPADAKALICIOUS
STATE OF GEORGIA

JOHN SMITH                                  )
                                                         )    Civil Action File
v.                                                      )     File #  ____________________
                                                         )
JANE SMITH                                  )
_____________________________________________________________________

FINAL JUDGMENT AND DECREE OF DIVORCE




Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.

It is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.

Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry.

The wife will have her name changed back to her maiden name of Figgenbottom.

The settlement agreement titled "John and Jane Smith Settlement Agreement", and executed on the 1st day of April, 2012, will be incorporated and made part of this Final Judgment and Decree of Divorce. 

Decree and order entered this _____ day of _____, _____.

 ______________________________________
Judge____________________, Superior Court




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Rule Nisi

What the heck is a "Rule Nisi"???

How is that pronounced?
Rool, N-eye, Sigh.  (the Nigh does not have two syllables)

What does it literally mean?
It means that a ruling is near.

What is it's practical effect?
It sets a court hearing.

What does it look like??

IN THE SUPERIOR COURT OF  _______________________ COUNTY
STATE OF GEORGIA

JOHN SMITH                                         )
                                                                )
v.                                                             ) Civil Action File
                                                                ) Number ___________________________
JANE SMITH                                         )
____________________________________________________________

The parties are hereby ordered to appear before the Honorable ________________________ in the Superior Court of ____________________ County, in Courtroom____________ on the _______ day of _______________, 2012 to show cause why the request for relief in the Complaint for Divorce should not be granted.

                                                                     _________________________________
                                                                     Judge_________________
                                                                     Superior Court of ______________ County



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Motion for Judgment on the Pleadings

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