Atlanta Divorce Lawyer Blog

A couple of weeks ago I was interviewed by a Moni Basu, a reporter for the Atlanta Journal-Constitution. She had seen a previous posting on this blog where I had commented on the clear and dramatic increase that I had observed in people seeking to modify existing Child Support Orders. She was seeking my input into an article she was working on concerning how the Atlanta economy was affecting patents ability to obtain or pay for child support. As part of article, she interviewed several of my clients for whom the dramatic changes in the economy were wreaking havoc in their abilities to provide for their children.

The bottom line is that if you are in need of a modification or you are not receiving support for a non-custodial parent, it is in your best interest to address the issue as soon as possible. The financial problems our country is facing will likely grow worse over the short term, before we see any significant improvements. Acting to protect yourself before all assets or other means of support have evaporated serves no one's best interest. Obviously, if you have any questions or concerns about your own matter give SHAPIRO LAW GROUP a call at 770.604.9292 or send me an e-mail if you want to discuss the specifics of your matter. We give free pone consultations and are always willing to speak with new potential clients.

Posted by Eric L. Shapiro | Permalink | Email This Post | Comments (1)

Posted In: Child Support , Divorce , Firm News and Info.

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A few days ago the New York Times published yet another article addressing the dramatic rise in Child Support Enforcement/Modification cases that are beginning to inundate the Countries civil courtrooms. Georgia's unemployment rate now rests at 9.3% and is predicted to rise above 10% before the end of the year Georgia, where the unemployment rate is predicted to rise to over ten (10)%) percent before the end of 2009. These figures don't even begin to reflect individuals who are under-employed, earning far less today, then they did 12 to 24 months ago. Based on anecdotal evidence, the conversations I have been having with other members of the Georgia Divorce Bar point to inescapable fact that Georgia is also facing an explosion in Modification and Contempt actions. While I wrote about this phenomenon three months ago in a previous post, describing the methodology for obtaining a Modification of Child Support, I do not think I truly comprehended the enormity of the financial problems facing our community and the concurrent effects it is placing on non-custodial parents.

However, I have found what I consider to be a small sliver lining. In the last several months I am also seeing a rise in the number of legitimation cases. This is the process whereupon a father claims a child or children as legally his, and seeks either custodial rights or a formal visitation plan. Although the impetus behind this increase is likely the lowering of child support payments, anything that encourages both parents to spend more time with their children has to be seen as a positive turn of events.

I will keep my eye on the future impact of the economy on my Divorce Practice and will report back any observations. Obviously, if you have any questions or concerns about your own matter give SHAPIRO LAW GROUP a call at 770.604.9292 or send me an e-mail if you want to discuss the specifics of your matter. We give free pone consultations and are always willing to speak with new potential clients.

Posted by Eric L. Shapiro | Permalink | Email This Post

Posted In: Child Support

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Prior to moving to Atlanta, a little over 10 years ago, I practiced law in New York City. I was an associate at a boutique litigation firm on Madison Avenue, and had my wife not gotten a wonderful job offer here in the South, I would likely still be spending much of my time on the subways and commuting by train. I am absolutely thrilled that we settled in Atlanta, and have continually tried to get friends and family to add our Southern hospitality to their lives. My office is less than two miles from my home and the lifestyle that Atlanta affords my family continues to amaze me.
That being said, after settling a Divorce case today, I was reminded about the most common question I get from former colleagues up north. "Is practicing law, Divorce or otherwise, different in the South?" Now, obviously, their are procedural differences that impact the practice of law. However, what I see as the biggest, and often most frustrating difference, is the slower pace by which matters progress. This might seem strange, in light of the fact that I believe the average case in New York takes much longer to wend its way through the system. No....what I am getting at is the speed with which you actually find out what the other side is looking for and and figuring out if you had any room to discuss settlement, or were issues to be submitted to the Court for a ruling. The case I settled today is a great example. Three days ago I received an counteroffer from the attorney on the other side. We had presented our initial settlement proposal nearly six months ago. The original counter-proposal I received from opposing counsel would have put both clients in a potential financial disaster. We completed financial discovery nearly 4 months ago, and despite numerous discussions and requests for comment on our last offer made in late December, 2008, opposing counsel refused to let us know what his client agreed with and what were points of contention. Finally, I asked the Court to place us on a trial calendar. My client was frustrated, but understood that this was the only way to move the matter along. Two days after I contacted the Court, and three months after we sent out last offer, opposing counsel provided us with a counteroffer, one whose terms almost exactly mirrored the terms of the original settlement agreement that we submitted nearly nine months ago. They agreed with our terms on alimony, child support, visitation. My client will pick up an extra credit card and will be responsible for any shortfall in the value of the home, if ti sells for less than it is worth. Unfortunately, the house has lost value since the time of the original settlement proposal. Had they agreed at the onset, it probably would have let the parties cash out of their home with some equity and not cost them over $20,000 in legal fees.
I have seen this progression all to often, since moving to Atlanta. The attorney on the other side was a good lawyer, effectively argued his client's position and was a pleasure to deal with. He just let us move the case along at a snail's pace. This is in no one's interest.

Posted by Eric L. Shapiro | Permalink | Email This Post

Posted In: Child Support , Custody , Divorce , Firm News and Info.

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As a Divorce Lawyer in Metropolitan Atlanta, what once appeared as an unusual event, people forgoing divorce due to economic conditions, is now becoming more common. Certainly, couples willingness to spend funds on protracted litigation is becoming more the rule than ever in the past. That being said, I have seen a tremendous upsurge in parties seeking to modify their existing child support obligations. Georgia’s Child Support Guidelines recently joined the rest of the United States in apportioning support based, in part, on the income of both parents. This, along with a number of other financial factors, has created a more complex, but arguably more reasonable system for assessing support.

In Georgia, to modify child support you must make a showing of a substantial change in either parent’s income or financial status, or a change in the needs of the children. O.C.G.A. §19-6-15(k)(1). These days, the most common substantial change is the loss of a job,. However, it could also include significant reductions in pay, having to move a substantial distance from the minor children for work, or any number of other financial calamities that are befalling families in our current economic situation. It should also be noted that the substantial change must occur after the date of the original divorce decree or order establishing child support

It should be noted that you can only bring a modification action every two years after the date of the last modification. The exceptions to this are that you can bring a modification action : (1) If the non-custodial parent has failed to exercise court ordered visitation; (2) if the non-custodial parent has exercised more visitation than provided in the court order; or (3) the modification action is based upon an involuntary loss of income. O.C.G.A. §19-6-15(k)(2)(A) – (C).

Also, always remember that verbal modifications between the parties have no force and effect (except in very limited circumstances) and if you want to properly effect a modification, the Court can only begin the process from the date you file an action and not from the date you lose your job, or suffer some other financial setback.

Give SHAPIRO LAW GROUP a call at 770.604.9292 or send me an e-mail if you want to discuss the specifics of your matter

Posted by Eric L. Shapiro | Permalink | Email This Post | Comments (0)

Posted In: Child Support

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