Georgia Divorce Statutes 19-6-14. Support payments.

Pending a final judgment in an action for divorce, the judge presiding may grant as alimony a sum sufficient for the support of the children of the parties. The judge may also hear and determine who shall be entitled to the care and custody of the children until the final judgment in the case. If a sum is awarded for the support of the children, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children

(a) Definitions.

(b) Process of calculating child support. Pursuant to this Code section, the determination of child support shall be calculated as follows:
(1) Determine the monthly Gross Income of both the Custodial Parent and the Noncustodial Parent. Gross Income may include imputed income, if applicable. Gross Income shall be calculated on a monthly basis. The determination of monthly Gross Income shall be entered on the Child Support Schedule A – Gross Income;
(2) Adjust each Parent́s monthly Gross Income by deducting the following from the Parentś monthly Gross Income, and entering it on the Child Support Schedule B – Adjusted Income if any of the following apply:
(A) One-half of the amount of self-employment taxes;
(B) Preexisting Orders; and
(C) Theoretical Child Support Order for Qualified Children, if allowed by the Court;
(3) Add each Parent́s Adjusted Income together to compute the Combined Adjusted Income;
(4) Locate the Basic Child Support Obligation by referring to the Child Support Obligation Table. Using the figure closest to the amount of the Combined Adjusted Income, locate the amount of the Basic Child Support Obligation in the column underneath the number of children for whom support is being determined. If the Combined Adjusted Income falls between the amounts shown in the table, then the Basic Child Support Obligation shall be based on the income bracket most closely matched to the Combined Adjusted Income;
(5) Calculate the pro rata share of the Basic Child Support Obligation for the Custodial Parent and the Noncustodial Parent by dividing the Combined Adjusted Income into each Parent́s Adjusted Income to arrive at each Parent́s pro rata percentage of the Basic Child Support Obligation; (6) Find the Adjusted Child Support Obligation amount by adding the additional expenses of the costs of Health Insurance and Work Related Child Care Costs, prorating such expenses in accordance with each Parent́s pro rata share of the obligation and adding such expenses to the pro rata share of the obligation. The monthly cost of health insurance premiums and Work Related Child Care Costs shall be entered on the Child Support Schedule D – Additional Expenses. The pro rata share of the Basic Child Support Obligation and the pro rata share of the combined additional expenses shall be added together to create the Adjusted Child Support Obligation;
(7) Determine the Presumptive Amount of Child Support for the Custodial Parent and the Noncustodial Parent resulting in a sum certain single payment due to the Custodial Parent by assigning or deducting credit for actual payments for Health Insurance and Work Related Child Care Costs;
(8) In accordance with subsection (i) of this Code section, deviations subtracted from or increased to the Presumptive Amount of Child Support are applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed Deviations shall be entered on the Child Support Schedule E – Deviations. In the Court́s or the jurýs discretion, Deviations may include, but are not limited to, the following:
(A) High income;
(B) Low income;
(C) Other health related insurance;
(D) Child and dependent care tax credit;
(E) Travel expenses;
(F) Alimony;
(G) Mortgage;
(H) Permanency plan or foster care plan;
(I) Extraordinary expenses;
(J) Nonspecific deviations; and
(K) Parenting time;
(9) The Final Child Support Order shall be the Presumptive Amount of Child Support as increased or decreased by Deviations. The final child support amount for each Parent shall be entered on the Child Support Worksheet, together with the information from each of the utilized schedules;
(10) In addition, the Parents shall allocate the Uninsured Health Care Expenses which shall be based on the pro rata responsibility of the Parents or as otherwise ordered by the Court. Each Parent́s pro rata responsibility for Uninsured Health Care Expenses shall be entered on the Child Support Worksheet; and
(11) In a Split Parenting case, there shall be a separate calculation and Final Child Support Order for each Parent. (c) Applicability and required findings.
(1) The child support guidelines contained in this Code section are a minimum basis for determining the amount of child support and shall apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a Parent. This Code section shall be used when the Court enters a temporary or permanent child support order in a contested or non contested hearing. The rebuttable Presumptive Amount of Child Support provided by this Code section may be increased according to the best interest of the Child for whom support is being considered, the circumstances of the parties, the grounds for Deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording to children of unmarried Parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of Parents with similar financial means.
(2) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to

the limited extent authorized by subsection (e) of this Code section. In the final judgment or decree in a divorce case in which there are minor children, or in other cases which are governed by the provisions of this Code section, the Court shall:
(A) Specify in what sum certain amount and from which Parent the Child is entitled to permanent support as determined by use of the Worksheet; (B) Specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid;
(C) Include a written finding of the Parent́s Gross Income as determined by the Court or the jury; (D) Determine whether Health Insurance for the Child involved is reasonably available at a reasonable cost to either Parent. If the Health Insurance is reasonably available at a reasonable cost to the Parent, then the Court may order that the Child be covered under such Health Insurance;
(E) Include written findings of fact as to whether one or more of the Deviations allowed under this Code section are applicable, and if one or more such Deviations are applicable as determined by the Court or the jury, the written findings of fact shall further set forth:
(i) The reasons the Court or the jury deviated from the Presumptive Amount of Child Support; (ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and
(iii) A finding that states how the Court́s or the jurýs application of the child support guidelines would be unjust or inappropriate considering the relative ability of each Parent to provide support and how the best interest of the Child who is subject to the child support determination is served by Deviation from the Presumptive Amount of Child Support;
(F) Specify the amount of the Noncustodial Parent́s parenting time as set forth in the order of visitation; and
(G) Specify the percentage of Uninsured Health Care Expenses for which each Parent shall be responsible.
(3) When child support is ordered, the party who is required to pay the child support shall not be liable to third persons for necessaries furnished to the Child embraced in the judgment or decree. 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.
(4) In any case in which the Gross Income of the Custodial Parent and the Noncustodial Parent is determined by a jury, the Court shall charge the provisions of this Code section applicable to the determination of Gross Income. The jury shall be required to return a special interrogatory determining Gross Income. Based upon the jurýs verdict as to Gross Income, the Court shall determine the Presumptive Amount of Child Support in accordance with the provisions of this Code section. The Court shall inform the jury of the Presumptive Amount of Child Support and the identity of the Custodial and Noncustodial Parents. In the final instructions to the jury, the Court shall charge the provisions of this Code section applicable to the determination of Deviations and the jury shall be required to return a special interrogatory as to Deviations and the final award of child support. The Court shall include its findings and the jurýs verdict on the Child Support Worksheet in accordance with this Code section and Code Section 19-5-12.
(5) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement contrary to the Presumptive Amount of Child Support which may be made the order of the Court pursuant to review by the Court of the adequacy of the child support amounts negotiated by the parties, including the provision for medical expenses and Health Insurance; provided, however, that if the agreement negotiated by the parties does not comply with the provisions contained in this Code section and does not contain findings of fact as required to support a Deviation, the Court shall reject such agreement.
(6) In any case filed pursuant to Chapter 11 of this title, relating to the 'Child Support Recovery Act,' the 'Uniform Reciprocal Enforcement of Support Act,' or the 'Uniform Interstate Family Support Act,' the Court shall make all determinations of fact, including Gross Income and Deviations, and a jury shall not hear any issue related to such cases.
(d) Nature of guidelines; Court́s discretion. In the event of a hearing or trial on the issue of child support, the guidelines enumerated in this Code section are intended by the General Assembly to be guidelines only and any Court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of the hearing or trial.
(e) Duration of child support responsibility. The duty to provide support for a minor Child shall continue until the Child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary, final, or modified order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the Court, in the exercise of sound discretion, may direct either or both Parents to provide financial assistance to a Child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a Child attains 20 years of age. The provisions for child support provided in this subsection may be enforced by either Parent, by any Non parent Custodian, by a guardian appointed to receive child support for the Child for whose benefit the child support is ordered, or by the Child for whose benefit the child support is ordered...(more)

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Georgia Divorce Statutes 19-6-17. Custody

(a) Whenever the custody of a minor child or children has been lawfully awarded by any court having jurisdiction thereof to:
(1) Any person other than a parent of the children at any time subsequent to the rendition of a final divorce decree between the father and mother of the children; or
(2) A parent as part of the final divorce decree where the court awarding the decree was unable to obtain jurisdiction over the parent without custody for purposes of a determination as to whether the parent should be bound for support of the child or children and the court´s decree contains no specific provisions binding the parent without custody for the support of the child or children, the parent or other person to whom the custody of the child or children is awarded may apply by petition to the superior court in the county where the parent without custody of the child or children resides for an order and judgment fixing the amount of support money that the parent without custody shall provide in order to fulfill the parent´s natural duty to supply the necessaries of life for the child or children.
(b) The procedure provided for in this Code section shall be available in cases in which

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Georgia Divorce Statutes 19-4-1 Annulment.

Annulments of marriages declared void by law may be granted by the superior court, except that annulments may not be granted in instances where children are born or are to be born as a result of the marriage.

Georgia Divorce Statutes 19-4-2. Parties who enter into a marriage which is declared void by law shall have the right to file: (1) A petition for annulment; or (2) A petition for divorce, if grounds for divorce exist.

Georgia Divorce Statutes 19-4-4. All matters of service, jurisdiction, procedure, residence, pleading, and practice for obtaining an annulment

of marriage shall be the same as those provided by law for obtaining a divorce, with the exception that a decree of annulment may be ordered at any time, in open court or in chambers, when personal service is had at least 30 days beforehand and no contest or answer is filed.

Georgia Divorce Statutes 19-4-5. A decree of annulment, when rendered, shall have the effect of a total divorce between the parties of a void marriage and shall return the parties thereto to their original status before marriage. However, a decree of annulment shall not operate to relieve the parties to a marriage of criminal charges or responsibilities occasioned by the marriage.

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Georgia Divorce Statutes 19-5-7. Property

property shall not be affected by the filing of an action for divorce unless a notice of lis pendens, as provided for by Code Section 44-14-610, is filed in the office of the clerk of the superior court of the county in which the real property is situated and is recorded by the clerk in a book kept by him for that purpose.

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Georgia Divorce Statutes 19-5-3. Grounds

The following grounds shall be sufficient to authorize the granting of a total divorce:
(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
(2) Mental incapacity at the time of the marriage; (3) Impotency at the time of the marriage;
(4) Force, menace, duress, or fraud in obtaining the marriage;
(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
(6) Adultery in either of the parties after marriage;
(7) Willful and continued desertion by either of the parties for the term of one year;
(8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
(9) Habitual intoxication;
(10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; (11) Incurable mental illness. No divorce shall be granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the superintendent or other chief executive officer of the institution and one competent physician appointed by the court, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present day medical

knowledge, recovery of the party´s mental health cannot be expected at any time during his life. Notice of the action must be served upon the guardian of the person of the mentally ill person and upon the superintendent or other chief executive officer of the institution in which the person is confined. In the event that there is no guardian of the person, then notice of the action shall be served upon a guardian ad litem, who shall be appointed by the court in which the divorce action is filed, and upon the superintendent or chief executive officer of the institution in which the person is confined. The guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce;
(12) Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16;
(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.

Georgia Divorce Statutes 19-5-4. (a) No divorce shall be granted under the following circumstances:
(1) The adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties, with the intention of causing a divorce;
(2) The party complaining of the adultery, desertion, cruel treatment, or intoxication of the other party was consenting thereto;
(3) Both parties are guilty of like conduct; or
(4) There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.
(b) In all such cases, the respondent may plead in defense the conduct of the party bringing the action and the jury may, on examination of the whole case, refuse a divorce.

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Georgia Divorce Statutes 19-5-5. Residency

petitioner´s counsel of record and the facts demanded shall be added to the petition in the form of an amendment thereto.

Georgia Divorce Statutes 19-5-2. Time

No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.

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Georgia Divorce Statutes 19-6-1. Alimony

(a) Alimony is an allowance out of one party´s estate, made for the support of the other party when living separately. It is either temporary or permanent.
(b) A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party´s adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.
(c) In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
(d) Should either party die prior to the court´s order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.
(e) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party´s estate except in the course of ordinary business affairs and except for bona fide transfers for value.
19-6-3. (a) Whenever an action for divorce or for permanent alimony is pending, either party may apply at any time to the presiding judge of the court in which the same is pending, by petition, for an order granting the party temporary alimony pending the issuance of a final judgment in the case. After hearing both parties and the evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such temporary alimony, including expenses of litigation, as the condition of the parties and the facts of the case may justify.
(b) In arriving at a decision, the judge shall consider the peculiar necessities created for each party by the pending litigation and any evidence of a separate estate owned by either party. If the separate estate of the party seeking alimony is ample as compared with that of the other party, temporary alimony may be refused.
(c) At a hearing on the application for temporary alimony, the merits of the case are not in issue; however, the judge, in fixing the amount of alimony, may inquire into the cause and

circumstances of the separation rendering the alimony necessary and in his discretion may refuse it altogether.
(d) On application, an order allowing temporary alimony shall be subject to revision by the court at any time and may be enforced either by writ of fieri facias or by attachment for contempt.
(e) A failure to comply with the order allowing temporary alimony shall not deprive a party of the right either to prosecute or to defend the case.

Georgia Divorce Statutes 19-6-4. (a) Permanent alimony may be granted in the following cases:
(1) In cases of divorce;
(2) In cases of voluntary separation; or
(3) Where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse.
(b) A grant of permanent alimony may be enforced either by writ of fieri facias or by attachment for contempt.

Georgia Divorce Statutes 19-6-5. (a) The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and proper.
(b) All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.

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Georgia Divorce Statutes 19-6-10. Separation

When spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party´s own behalf or on the behalf of the minor children in the party´s custody, if any, may institute a proceeding by petition, setting forth fully the party´s case. Upon three days´ notice to the other party, the judge may hear the same and may grant such order as he might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity, such as appointing a receiver and the like. Should the petition proceed to a hearing before a jury, the jury may render a verdict which shall provide the factual basis for equitable relief as in Code Georgia Divorce Statutes Section 19-6-9.

Georgia Divorce Statutes 19-6-14. Pending a final judgment in an action for divorce, the judge presiding may grant as alimony a sum sufficient for the support of the children of the parties. The judge may also hear and determine who shall be entitled to the care and custody of the children until the final judgment in the case. If a sum is awarded for the support of the children, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children. be held in abeyance when a petition for divorce is filed bona fide by either party and the judge presiding has made his order on the motion for alimony. When so made, the order shall be a substitute for the aforesaid decree in equity as long as the petition is pending and is not finally disposed of on the merits.

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Georgia Divorce Statutes 19-7-3. Grandparents Rights

(a) As used in this Code section, the term 'grandparent' means the parent of a parent of a minor child, the parent of a minor child´s parent who has died, and the parent of a minor child´s parent whose parental rights have been terminated.
(b) Except as otherwise provided in this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child´s blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both of the parents.
(c) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent of the child reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless

such visitation is granted, and if the best interests of the child would be served by such visitation. The court shall make specific written findings of fact in support of its rulings. There shall be no presumption in favor of visitation by any grandparent. An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (d) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents, may:
(1) Appoint a guardian ad litem for the minor child; and
(2) Assign the issue of visitation rights of a grandparent for mediation.
(e) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents.

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