custody modification of visitation, alimony & child support

modification of visitation

What is the name of your state? ga
when needing modification to a divorce is there a time limit and does the plaintiff have to return to the original county? how can one acquire legal aid in georgia? tried the state bar assoc. they cannot help. any advise
just recently divorced, still not speaking with ex, and visitation is effecting child. need help fast. laid off from work, zero extra funding for attorney. can i ask for alimony now that the divorce has been finalized? shouldn't the support be based on the income? if so shouldn't the court order w2's, what if they were never shown.

Most likely, you will have to file in the same county as where the divorce was granted - especially if the defendant still lives there.

Generally, you can't go back for alimony after the divorce is final. Yes, support can be modified, but GA uses only the non-custodial parent's income. It's unclear whether you're the custodial parent or not, tho I suspect you are.

How is visitation affecting the child? How old is s/he? It usually takes some time for everyone to get used to the situation and the schedule. Counseling for all three of you - or at least the child - could be helpful. Possibly his/her school has a peer group for kids' of divorce - many of them do now, and they can be quite useful in helping kids see that they're not the only ones in this situation AND get help from other kids on how to deal with it. It's helped both of mine tremendously.

No idea on legal aid, sorry.

thank you for your reply. yes i am the primary custodian.the child is 4 and the effects of getting home at 930pm on sundays are sleep deprivation. i sought couseling the 1st year of the divorce specifically for my child and must say it was refreshing to know that i really am doing what i should be, for myself and for my child. the down side to it is the other parent needs couseling by a professional. so are you saying that even if i live in another county almost 100 miles away i would still have to go back to the county where the divorce was filed?

Yep, you probably do have to file back in the other county. Why would it be fair to the other parent that you moved and now he has to travel further for hearings?

How long has the order been in effect? What time is the child supposed to get home? If 9:30 was what was ordered, you may not have much luck with changing it.

thank you for your reply. yes i am the primary custodian.the child is 4 and the effects of getting home at 930pm on sundays are sleep deprivation. i sought couseling the 1st year of the divorce specifically for my child and must say it was refreshing to know that i really am doing what i should be, for myself and for my child. the down side to it is the other parent needs couseling by a professional. so are you saying that even if i live in another county almost 100 miles away i would still have to go back to the county where the divorce was filed?

the pick up time is 730 which puts us at 9 or 930 getting home, this is unacceptable for a child to be getting to bed at 10 or later. the order was finally sighned in april 03-. the fairness of it would be that since i have spent a good portion of my retirement on attorney fees traveling to and from court(in bubaville) 3 (2and 3 days each time)times because the other side could not agree on anything, the word fair just has no meaning at this point. my child is the one getting hurt by all of this. and i do not think the judge was fair, especially the way visitaion is now.

Yeah, but you agreed to that p/u time. Were you living in the same area as you are now? Or did you move afterwards? If the latter - why is it fair for your ex to lose time with the child due to your move? What have you offered to make up for it? You'd have a better argument if he was the one who moved further away.

(edit) Your argument on the fairness isn't going to wash. You chose to move.

we were here during the entire episode. the ex wouldn't lose time if he were the one to bring the child home. my offers are to have an earlier pick up time on fridays or meeting 1/2 way neither of which it will agree too. i did not agree to the pick up time, everything was ruled by the judge because even after mediation, and 4 different agreements and 3 more days in court the ex would not agree to anything:

gagrit2003 said:

i did not agree to the pick up time, everything was ruled by the judge

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Then it's unlikely that the same judge will rule differently unless you can show that the child's schooling suffers. Not likely at 4, since she's not in school proper. I know it's frustrating, but it's something you just have to deal with. When mine were 4 & 6, I was getting them home at 10:30 at the earliest due to a 250+ mile drive. And yes, the older one went to school the next day. Just this past Sunday, we didn't get home until 1am (Monday, actually) because the ex decided that the kids should be driven and not take a flight (which was already booked & paid for). They're 9 & 11 now, so school is a huge issue. They were both in school yesterday, and in bed by 7 last night they were so tired. We deal with it. A judge has yet to decide that this is a problem. So don't hold your breath.

we were here during the entire episode. the ex wouldn't lose time if he were the one to bring the child home. my offers are to have an earlier pick up time on fridays or meeting 1/2 way neither of which it will agree too. i did not agree to the pick up time, everything was ruled by the judge because even after mediation, and 4 different agreements and 3 more days in court the ex would not agree to anything:

omg! that's just not right! children don't deserve to be treated like cargo.
we definately do not want the same judge.
so if i were to move out of state would we still have to stay in the same court?
what about the child support, how can we get that modified ?

As long as that's where he lives, that's where it stays. Sorry.

Cs... good question - I've been trying to get it modified for close to a year now.

thank you for your replies, hope all works out for the best for you and your children

gagrit2003 said:

thank you for your replies, hope all works out for the best for you and your children

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It already has - we're together.