Public hearings scheduled to start Monday on new child support guidelines - Georgia

macon.com

Excerpts:

Georgians will get to comment on the state's new child support guidelines at a series of public hearings across the state scheduled to start Monday evening.

The guidelines were developed because of a new state law that stipulates that judges setting child support payments must consider the incomes of both parents - not just the ones without custody.

The hearings are planned in Albany, Atlanta, Columbus and Savannah.

Changes in child support approved - Georgia

Changes in child support approved ajc.com

Excerpts below: (anything in bold is my commentary, not the authors)

Changes in child support approved
Both parents' pay a factor

Child support payments are usually based on considering only the income of the parent who does not have custody. House Bill 221 would require judges to consider the incomes of both parents when determining child support awards.

Rep. Earl Ehrhart (R-Powder Springs) said he believes the legislation will result in less feuding between divorcing parents who view kids as "cash prizes" in contentious divorce and child custody proceedings.

"This bill will be good for all of the children of Georgia," said Julie Batson, president of Georgians for Child Support Reform.

Sen. Steen Miles (D-Decatur) railed against the bill.

"It is about money, pure and simple," Miles said. "It is about bitter dads who don't want to take the responsibility for their children. Bitter second wives who are jealous and envious of those children. We are rushing to judgment to decide that this legislation is going to solve Georgia's child support problems." Bitter dads who don't want to take responsibility? All this bill does is take both parents incomes into account when calculating support- much like many other states.

Miles' dramatics drew a roar of approval from the bill's opponents, watching the debate nearby on a closed-circuit television in the Capitol hallway. Miles and other Democrats tried unsuccessfully to amend — and gut — the bill.

The bill goes into effect July 2006. In the meantime, a commission will be formed to review economic data to come up with a formula for determining child support payments based on the "income shares" model.

Either parent will be able to go to court to have their child support agreement reviewed, if they can show it will change by 15 percent under the new formula.

You can contact Rep Ehrhart by clicking on his name above. This is a fair, common sense bill. Obviously, the incomes of both parents should be considered - both parents are charged with the care of the children, one of them should not get the equivalent of a financial pass.

Georgia House Bill 221 Opinion Articles

Here are links to two opinion articles on ajc.com regarding HB221

House Bill 221 balances child support

In the worst interest of the children (Interestingly, in this article the custodial parent is a father - too bad this article is crap. They did no independent investigation as to what it actually costs to raise a child and made inference to this amount of support only being able to purchase brand names from Wal Mart or Target - since when did we determine child support on brand names!?)

Georgia: Divorce bill amended

Excerpts below, full article at AJC.com (which requires you to go through a RIDICULOUS registration process to see a current article)

Divorce bill amended Senate group gives a unanimous OK
By SONJI JACOBS
The Atlanta Journal-Constitution
Published on: 02/18/05

A bill that would extend the waiting period for an uncontested divorce unanimously passed the Senate Judiciary Committee on Thursday, but with a significant change intended to help protect victims of domestic violence.

Sen. Mitch Seabaugh (R-Sharpsburg) filed a measure that would extend the waiting period for an uncontested divorce from 30 days to 120 days for a childless couple and 180 days for a couple with children. The bill also would require all divorcing couples with children in Georgia to take educational classes on the impact of separation or divorce on kids.

The bill contains a provision waiving the waiting period for victims of domestic abuse if they have obtained a protective order or alleged abuse in a formal statement.

Sen. Preston Smith (R-Rome), the committee chairman, amended the bill's language to allow domestic abuse victims to submit a confidential affidavit to the court alleging domestic violence in lieu of a public hearing.

Georgia Child Support Reform Bill

This is copied verbatim from an email I received:

House Bill 221 is a Child Support Reform bill based on the Income Shares Model. This bill is a much fairer and less punitive way of calculating child support than what Georgia currently has. It takes into consideration such things as the Custodial Parent's Income, credits for time spent with the children, insurance and tax benefits.

How can you help this bill pass?1) Contact Wendell Willard and encourage him to schedule House Bill 221 to be heard in committee. He has asked that we email him, so email is: http://us.f609.mail.yahoo.com/ym/Compose?To=wkwillard@hotmail.com&YY=23686&order=down&sort=date&pos=0&view=a&head=b Keep your comments brief, professional and polite. No diatribes.

2) Contact the members of the house judiciary committee and encourage them to support House Bill 221. Keep your comments brief, professional and polite. No diatribes. Those members are:
Barry Fleming: http://us.f609.mail.yahoo.com/ym/Compose?To=bfleming@legis.state.ga.us&YY=23686&order=down&sort=date&pos=0&view=a&head=b Edward Lindsey: http://us.f609.mail.yahoo.com/ym/Compose?To=lindsey4house54@aol.com&YY=23686&order=down&sort=date&pos=0&view=a&head=b Larry O'Neal: http://us.f609.mail.yahoo.com/ym/Compose?To=loneal@legis.state.ga.us&YY=23686&order=down&sort=date&pos=0&view=a&head=b Mable Thomas: http://us.f609.mail.yahoo.com/ym/Compose?To=mthomas@legis.state.ga.us&YY=23686&order=down&sort=date&pos=0&view=a&head=b Mark Hatfield: http://us.f609.mail.yahoo.com/ym/Compose?To=mhatfield@wayxcable.com&YY=23686&order=down&sort=date&pos=0&view=a&head=b Pam Stephenson: http://us.f609.mail.yahoo.com/ym/Compose?To=pstephen@legis.state.ga.us&YY=23686&order=down&sort=date&pos=0&view=a&head=b Rob Teilhet: http://us.f609.mail.yahoo.com/ym/Compose?To=rteilhet@yahoo.com&YY=23686&order=down&sort=date&pos=0&view=a&head=b Roger Lane: http://us.f609.mail.yahoo.com/ym/Compose?To=rogerlane167@hotmail.com&YY=23686&order=down&sort=date&pos=0&view=a&head=b Steve Tumlin: http://us.f609.mail.yahoo.com/ym/Compose?To=stevetumlin@bellsouth.net&YY=23686&order=down&sort=date&pos=0&view=a&head=b Wendell Willard: http://us.f609.mail.yahoo.com/ym/Compose?To=wkwillard@hotmail.com&YY=23686&order=down&sort=date&pos=0&view=a&head=b Mary M. Oliver: http://us.f609.mail.yahoo.com/ym/Compose?To=moliver@legis.state.ga.us&YY=23686&order=down&sort=date&pos=0&view=a&head=b
3) Contact your Representative and Senator and let them know that you are in support of House Bill 221. Keep your comments brief, professional and polite. No diatribes. The time has come for Non-Custodial Parents and those that love them to stand up for their children and for their rights. 2005 IS THE YEAR for this CHANGE! YOUR letters, YOUR phone calls and YOUR efforts are what let ourlegislators know that someone cares. If they don't hear from us -they believe it must not be important . So DO IT!

Don't know who your legislators are? Then go here and enter the required information. Make note of your house and senate district numbers. Click on the links for your Georgia senate and house representatives. You'll have to scroll down the list for the house and find your district. All Representatives can receive mail at: Legislative Office Building Atlanta, Ga. 30334

If you know the name of your Representatives or you know the district you are in, you can find the phone number for your Representatives by calling to following numbers: Clerk of the House (404) 656-5015 Secretary of the Senate (404) 656-5040.

Now what? CONTACT THEM! Read the full text of HB 221 here

More states stir against ease of 'no fault' divorce

Excerpts below, full article at the Christian Science Monitor

More states stir against ease of 'no fault' divorce
By Brad Knickerbocker

Georgia and several other states consider whether to lengthen the waiting period before marriages can be legally ended. Elsewhere, a growing movement is under way to promote "collaborative divorce," in which couples agree to settle such issues as child custody and finances without going to court - taking some of the civil war, in theory, out of marital breakups.

In addition, there are a growing number of laws that aren't directly related to the availability of divorce but could affect the instances and impact of failed marriages. Some provide "marriage skills" education in public schools as a way of avoiding divorce; others mandate "custody counseling" for divorce cases involving children.

A bill being considered by the Georgia Legislature would extend the waiting period for divorce from 30 days to four months for couples without children and to six months for couples with children. The waiting period could be waived in cases involving spouse abuse, but parents would have to attend special classes on how divorce affects children.

While several states are moving in the same direction, similar bills have been considered and rejected in some states, including New Hampshire and Colorado. Lawmakers in New York - one of the last states which still do not grant no-fault divorces - are debating the need to make divorce easier. Last month, Michigan Gov. Jennifer Granholm vetoed bills that would encourage premarital counseling for couples and require counseling for couples with children who seek divorce.

In less complicated cases, advocates say nonadversarial collaborative divorce reduces the emotional and financial cost of legal separation. This involves a team approach - including financial advisers and mental-health professionals as well as lawyers - seeking resolution without a court fight.

This may take a bit longer than a quick no-fault divorce. But it can end up costing much less than a contested divorce, advocates say, and it is especially beneficial for the children in such cases. Some studies indicate that couples who initiate collaborative divorce proceedings are more likely to stay together in the end than those who go to court - perhaps lowering the rate of divorce.

Georgia, SB 298, No Fault

Last week the Georgia Senate passed a bill that would require a 180 day waiting period (up from 30 day) for couples filing divorce using the no fault standard. This would not apply to divorces in which domestic violence was an issue. It also includes some facts about children from divorced homes and the governments interest in marriage. My question is, if you allow domestic abuse divorces to proceed more quickly, what prevents people from falsely claiming abuse. For a woman, it will both expedite the divorce as well as give her an advantage in a custody determination. ajc.com

Georgia Supreme Court Relocation Decision

Georgia overturns precedent allowing custodial parents to move out of state virtually at will. Law.com (via Yahoo)