The Siemon Law Firm

The State of Georgia uses the 'Income Sharing Approach' to determine child support. The judge considers the parents' joint incomes, and that amount - minus deductions - will be the base for child support. A support calculator is used after the gross annual income of both parents is determined. Please contact us if we can assist further or more answer more questions specifically toward your situation.

Child support in Georgia is based on your child custody arrangement, your income and the income of your spouse. If any of those factors change significantly, your child support payments can be recalculated or modified. Here are some examples of times when child support can be changed: If you lose your job, your child support payments can be reduced If you are forced to take a lower paying job, your payments can be reduced If you receive a higher paying job, your spouse can request that your child support be recalculated to reflect the higher income If you change to a 50-50 joint child custody plan, your child support payments can be reduced to reflect the greater number of overnight visits Either the payer or the receiver of child support payments can request that payments be recalculated.

In some states, spouses who are divorcing must live "separate and apart" for a period of time before filing for divorce or before a judge will finalize a divorce. Living "separate and apart" usually means that you aren't allowed to share a home with your spouse. In that case, one of you will have to move out if you want to get divorced. And you may not be able to wait until you get your divorce papers before you leave.

If a divorce is in your future, you should cancel joint credit card accounts and open new ones in your name alone. You will still be jointly responsible for existing debts on the canceled cards. It’s not unusual for a couple to have more debts than assets at the time of divorce.

You should consult an attorney as soon as possible to file an answer to your spouse’s claims. You only have 30 days from the date you received the complaint to file a response with the court. You need to give your lawyer time to prepare your response. Even if you are guilty of the conduct claimed in the complaint, there are defenses you could use to keep the issue from affecting the outcome of your divorce. You can also contest your spouse’s claims for child custody, child support, marital property division, and alimony raised in the complaint.

Not always. If you and your spouse are able to reach an agreement regarding all issues that arise during a divorce proceeding, including those concerning finances, property division, and child custody, this agreement may be presented to the court for court approval. Upon approval, the matter will be resolved. However, if the parties are unable to reach an agreement, even if it involves only a single issue, the matter will have to be brought before a judge or a jury.

Stepparent adoptions are sometimes called “adoption terminations” because the rights of biological parent must first be terminated before the stepparent can adopt. Because the biological parent’s rights must be fully terminated, stepparent adoptions are usually only appropriate when the biological parent is no longer involved in the child’s life.

Yes. Your child’s exposure to domestic violence, which can leave your child at risk of physical injury and psychological harm on account of excessive fear, worry, and guilt justifies seeking modification.

Yes. Our attorneys can help you carefully make this assessment. We will examine all the family’s resources and liabilities. Remember, financial institutions do not care that a vehicle is now your former spouse’s; if you are still on the loan or account and your ex-spouse stops making payments, you will be asked to pay the debt.

Yes. As time goes by, we can help you reevaluate your spousal support order and work to modify the amount depending on changes in your circumstances after the divorce.

Yes. Incurable mental illness, which may require institutionalization, is also grounds for divorce.

Generally, you file a complaint for divorce in the Superior Court in the county where your spouse resides or, if your spouse no longer resides in Georgia, in the county of your own residence. If your spouse consents, or if your spouse previously lived with you and has been gone for less than six months, you can file in your county of residence.

You can represent yourself, which is known as proceeding "pro se." To navigate the legal system and file the appropriate documents, you'll need to know your court's rules. You can probably get help from your local court's website and from the court clerk's office.

Yes, one spouse must be living in Georgia and must have lived there for at least six months.

Legitimation is very important. If a child is born out of wedlock, the father has few, if any, automatic parental rights – even if he lists his name on the child’s birth certificate. Therefore, he cannot obtain child custody or visitation rights. Additionally, his child would not be able to inherit from him unless the father created a legal will or completed the legitimation procedure. The same is true for a mother seeking involvement and support from a child’s father. Unless a mother pursues legitimation of the father, she cannot hold him accountable for legal parental responsibilities.

Courts may provide supervised visitation (but no overnight visits) even in cases where there is evidence of past spousal or child abuse. Typically, the parent with physical custody would drop the child off at a secure facility and pick up the child after the visitation with the noncustodial parent.

Well after the divorce decree is entered and the spouses have gone their separate ways, it may be necessary to go back to court to enforce the property settlement, to enforce a child support or visitation, or to modify the custody or support orders.

Yes, The Siemon Law Firm mediation attorneys have years of experience guiding clients through a wide range of divorce cases and family law matters. The issues most commonly mediated in divorce are child custody and visitation, marital property division, and child support. Clients rely on our skill at resolving disputes through mediation so they do not have to deal with the stress, cost, and uncertainty of resolving those legal issues in court.

As a rule, the court believes in preserving a stable home environment for your child and will not modify an existing order without a good reason. The parent who wishes to change child custody or visitation must show that there has been a material change of condition that substantially affects the best interests of the child. You must provide evidence that this condition is new and did not exist at the time of the last order. In Georgia, upon reaching age 11, your child can tell the court where he or she wants to live. Every year older your child gets, the more weight the court will give your child’s wishes. In the past, a child could decide upon reaching age 14. However, today the court has to make a finding that it is in the best interests of the child before child custody can be changed.

If you have kids, working out custody terms and a parenting plan will be a central focus of your divorce by The Siemon Law Firm. If you are unable to agree on co-parenting arrangements, a judge will make those decisions in a contested custody hearing.

Our office is located at 3400 Peachtree Road NE Suite 555 Atlanta, GA 30326. You can contact us for a free consultation.

Whether you are considering mediation or any other form of separation, an established attorney in Georgia is an essential component of any divorce. A lawyer can offer personalized representation to ensure you get everything that you are entitled to during the divorce process. Rather than attempt to make these crucial decisions on your own, it may be best to partner with a knowledgeable attorney.

Although mediation can be extremely helpful in some divorce situations, it is not for every couple. Mediation is a required precursor to a Georgia divorce; however, people who do not wish to cooperate with the creation of a divorce settlement or who are especially emotional throughout the divorce process, may be unable to settle through mediation. In order for mediation to work properly, both parties must agree to disclose all information regarding the divorce and help to make the best choices for everyone involved.

At The Siemon Law Firm, we are highly experienced in marital property division. Our goal is to protect your financial interests during every step of the divorce process. We engage forensic accountants and professional evaluators when necessary to identify and value all marital assets in which you have an interest.

Except for a few types of assets, such as inheritances and personal gifts, most assets and debts acquired during the marriage are considered the joint property of both spouses. Those assets and debts may include retirement plans, including 401(k)s and teacher retirement plans, bank accounts, stocks, vacation property, vehicles, credit card debt, and other assets and liabilities. Dividing marital assets and debts can pose a significant challenge, especially when the stakes are high. Georgia courts follow the rule of equitable property division, which means that marital assets must be divided fairly — though not necessarily 50-50 — between the parties.

The mediation process exists so the two parties and their lawyers can present their sides of the dispute to a neutral third-party facilitator. The facilitator or mediator can then work with the parties and their lawyers to help reach a solution that is fair and acceptable to both sides. In addition to providing legal representation to clients through the mediation process, we also offer mediation services to individuals. In these situations, people prefer a neutral third-party mediator to listen to a dispute and provide direction to both parties. Attorney Josie Siemon is a trained mediator who is well-versed in dispute resolution as well as all aspects of divorce and other family law issues.

A modification of your child support order is possible after your divorce if the financial circumstances of you or your spouse changes. It is important to remember in these cases that as an out-of-court agreement will not be binding, going to court is necessary to ensure that the change is documented and you will not be held responsible for any missed payments.

If your ex-spouse is found to be in contempt of court and still does not live up to his or her obligations, he or she can be subject to penalties that may include: -Jail -Court-ordered payment plan -Monetary judgment If your spouse is unable to pay or meet his or her court-ordered obligations, a court may allow a compromise instead of the above penalties. If, however, your ex has the ability to pay alimony, or spousal support, or child support, or to honor a child custody or visitation agreement, and he or she has knowingly declined to do so, you need a family law lawyer to help you get the enforcement you deserve.

If your former spouse has been ordered to do something by the court — whether it be a child custody or visitation order, or an order to pay child support, alimony or property settlement — and he or she has failed to come through — this is considered contempt of court, and there are legal ramifications. To get your ex-spouse to comply with the order, a court will have to engage in enforcement tactics. In this case, this takes the form of an order of contempt.

Divorce cases almost always lead to major financial adjustments for all parties involved. We are practical Atlanta divorce attorneys who want the best for you and your children, and we are dedicated to making certain that you are treated fairly in any settlement agreement or by the courts if your case goes to litigation. Child support calculations can become especially complex if: -You have a child with special needs - You have a unique or custom-designed arrangement for child custody and visitation -You are attempting to negotiate a settlement in a high-asset divorce -Your own or your spouse’s income is difficult to determine, possibly involving “non-W-2” income or any source of support that either spouse attempts not to reveal

In Georgia, a parenting plan will spell out how you and your ex-spouse will co-parent your children following your divorce. You will need to file a parenting plan with the court.

At The Siemon Law Firm, our paternity lawyers are well prepared to help you navigate the legal processes associated with paternity, legitimation and the establishment of a support order for your child or multiple children.

Yes. We can help clients take the steps they need to take to change their name back to a previous name or to their maiden name after a divorce.

Following a divorce, one parent typically has primary residential custody while the other has visitation according to a schedule. At a minimum, the parent with visitation would have overnight visits on alternating weekends, alternating holidays, and extended periods of time during school breaks and summer vacations, plus one evening/night during the week. However, you and your spouse can negotiate a different arrangement, up to 50-50 joint child custody.

When one parent has primary physical custody of children, the other parent typically will have parenting time, according to a written schedule. Another word for parenting time is “visitation.” An example of parenting time would be for the noncustodial parent to have the child on the first and third weekend of every month, on the parent’s birthday, on alternate holidays, and for extended periods of time during school breaks and summer vacation.

Primary physical custody can be with the father, with the mother or joint. If you have more than one child, your children can have different primary physical custodians.

Property division cannot be modified after your divorce is final, so it is vital to have qualified legal representation now. Call The Siemon Law Firm to learn how our attorneys can protect your property rights.

One way you can protect yourself from additional debt is to cancel joint credit cards as quickly as possible. Even if the credit card was opened under your spouse’s name alone, it is still marital debt if it was acquired during the marriage. Both parties may be responsible. However, if your spouse runs up excessive credit card debt for expenses that are clearly personal (such as taking a boyfriend or girlfriend to Las Vegas), the judge in Atlanta may assign those debts to your spouse in the divorce order.

If you own or have an interest in a business, a prenup can protect not only you but the business and any partners or employees involved as well. Many people in second marriages use prenups to keep some assets separate either for children from earlier marriages or to satisfy obligations to former spouses.

A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.

An attorney may be able to help you establish your parenthood and start building a relationship with your child. Once you’ve established that you’re the child’s biological parent, your attorney may help you shoot for full or joint custody, whichever option is in the child’s best interests. If you’re not looking for custody, your attorney might help you argue for visitation rights that help you balance parenthood with your other responsibilities. Your attorney may also help settle other disputes like child support payments. First off, you’ll have to prove paternity. If your name is already listed on the child’s birth certificate, you won’t have to do anything else. If not, you can take a genetic test to prove that you’re the child’s father. Keep in mind that you have to be biologically related to the child.

If you’re an unwed mother in the state of Georgia, you’re automatically granted full custody of your child. But if you’re an unwed father, the situation becomes a lot more complicated. You’ll have to take several steps before you have a legal claim over the child. First off, you’ll have to prove paternity. If your name is already listed on the child’s birth certificate, you won’t have to do anything else. If not, you can take a genetic test to prove that you’re the child’s father. Keep in mind that you have to be biologically related to the child.

If you’re an unmarried parent in Georgia, getting visitation or custody rights can be challenging, particularly if you’re an unwed father. Many fathers are surprised to learn that establishing paternity doesn’t automatically grant them visitation rights.

Domestic violence is a serious matter. Do not make assumptions about the law. Instead, contact an experienced attorney, The Siemon Law Firm for a case review.

The termination of the biological parent’s rights can be voluntary or involuntary. Our lawyers are prepared to guide you through the termination process. Once the biological parent’s rights are terminated, he or she would not be responsible for paying child support.

Under Georgia law there is no presumption in favor of either parent. Instead, child custody orders will be based on the best interests of the child.

When business owners face a divorce, the process to accurately assess the business’s value can be complex. In a divorce, determining how to most effectively divide a business can be one of the most difficult parts of the legal process. An experienced attorney can help guide business owners from the start to protect their interests.

Besides legally ending a purported marriage you can benefit from annulment in other ways, if you pass away before your invalid marriage is annulled, your purported spouse may be able to inherit from your estate. For more information feel free to contact the experts from The Siemon Law Firm.

There are only a few reasons (grounds) a court may grant an annulment in Georgia. If you and your partner are blood relatives, or one party to the marriage lacked the mental capacity to enter into a contract. Or if one party to the marriage was under age 16 at the time of its inception. Or if one party was forced to marry the other party, or if one party was induced by fraud to marry the other party. For more information call The Siemon Law Firm.

Divorces completely dissolve a marriage. Annulments, on the other hand, recognize that as a matter of law the marriage itself was void from its beginning, meaning there never was a legal marriage at all. To learn more, please, contact our experts from The Siemon Law Firm.

During a divorce, especially in a state like Georgia where there is equitable distribution of marital property, you’ll probably have to deal with the division of your retirement accounts. This includes everything from your 401(k) plans to IRA funds.

Yes. there are 13 grounds for divorce and mental incapacity present during the marriage is one of them.

If you have been accused of being at fault for your divorce, a lawyer may help you show that you and your spouse had worked through your past marital problems before the divorce petition was filed.

When making decisions about child custody and property division issues, a judge will look closely at the reasons for the dissolution of the marriage and evaluate which spouse was responsible for the breakup of the marriage.

Yes. Georgia differs from many other states in terms of divorce law. Georgia law requires couples that are splitting up to provide grounds for their divorce. The grounds that you choose for your divorce and the evidence that you use to prove your grounds can have an impact on your case.

You have a few options available depending on the parameters of your divorce. One spouse buys another out or you can sell your timeshare and split any profits, or sharing the timeshare is an option if neither spouse is willing to let it go.

Prenuptial agreements can help couples with significant income or wealth disparities avoid bitter disputes if the marriage ends.

Changing one's name after a divorce is typically a straightforward process. Changing a child's name after a divorce, on the other hand, may be more complicated, depending on the child's relationship with the other parent.

The determination of alimony (also known as spousal support or maintenance) depends on a number of factors, including the length of marriage and the earning capacity of each spouse.

It ordinarily is a good idea to consult with a lawyer about major life events or changes, such as a divorce. S/he will protect your rights, as well as the rights of your children. S/he keeps current with the laws in your state concerning marriage, divorce, marital property, child custody and visitation, and family support.

This usually happens on a voluntary basis, but where one party will not cooperate it can be directed through the Court. Within divorce proceedings, you can make a financial application to court. The court will then direct the information as a requirement of the proceedings by way of a Financial Information disclosure form, called Form E.

What you are entitled to depends upon your circumstances and whether you are married or living together. It is best to obtain legal advice on this from a family law solicitor.

You do not have to attend mediation if you have agreed all family and divorce matters. If you wish to apply to Court relating to children or finances on a divorce matter, you will need to normally have attended a MIAM before making the application.

Contact rights are generally the right of the children and not the parent. Provided that there is not a risk of harm to the children, contact will be ordered by the Court. It is best to negotiate contact arrangements by direct discussions or by attending mediation to agree on the way forward. If you cannot agree, an application can be made to the Court, providing that you have attended a MIAM (Mediation Information and Assessment Meeting).

The focus should always be on what is in the best interests for the children. If this cannot be agreed, the court can decide for you, but will encourage you to attend mediation first.

If you have agreed your divorce and financial arrangements, then you do not need to attend court. Your divorce will be processed through the court as a paperwork exercise instead. If you have not or are unable to agree your financial arrangements, you will need to attend court.

A divorce can take between 6-8 months if not disputed, from issuing the petition to the Decree Absolute. If the divorce or finances are disputed, then this timescale can be longer depending on when such issues are resolved.

If you have children, keep a journal of the timeshare -- and perhaps also statements the kids are making if it's going to be an issue of someone trying to brainwash the children or anything of that nature. Also keep a journal of how often you have the children or how often your spouse has the children. As far as other tips: start making copies of all of the documents, even if you think they may not be that important: all the bank statements, all the credit-card statements, loan statements, mortgage statements, property tax, life insurance, etc. All of that becomes important. Anything you think that might be an asset, copy it. Even if you think it's not worthy of it, copy it, because you never know -- it might be important.

Collaborative Divorce is a really interesting concept. Basically, both parties have a divorce attorney, and often, both parties have a coach. If there are children, there's a therapist for them. And if there's a business that might be owned by one or both parties, there could be a forensic CPA to value the business, help you with the assets of the business etc., and even to divide the business. All of this works together. Who should? For anybody that can afford to use collaborative law, it would be a great thing to do. But it also has a lot of retainers and costs attributable to it. So you have to decide if it's right for you.

It shouldn't affect your divorce if you date other people. As a practicality, we have irreconcilable differences as a reason for dissolution, and of course the other reason is incurable insanity. However, as a practical matter, it can tend to affect your divorce if the other person feels spurned or jealous, or gets emotionally upset to the point that they want to punish you. So what you might want to do is keep a relationship, if you have one, very close to the vest until such time as you work out either a settlement or finish your divorce case in its entirety.

Everybody should use divorce mediation; it's a question of whether you can or not. Some people (i.e. one spouse in the divorcing couple) use divorce mediation just to gather information to use against the other party later. Or if there's a lack of trust, your spouse may use it to get information to use against you later.

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Yes, we are proud to assist Child Support Issues in Atlanta

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Yes, we are proud to assist Divorce Issues in Atlanta

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Yes, we are proud to assist Family Law Issues in Atlanta

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