The “Moving Parts” That Can Lead to Divorce Modifications in Atlanta

Divorce is complicated because so many different “moving parts” depend on each other. Income affects alimony, real estate affects child custody, and child custody affects child support. You might think of these as cogs in a machine that all work together to provide a result. Could changes to these moving parts lead to valid divorce modifications in Atlanta?

Cohabitation Can End Alimony

Although many changes can lead to alimony modifications, one of the most notable examples involves “cohabitation.” This occurs when you or your ex begins living with someone new. This is almost always a romantic partner, and cohabitation also involves becoming “financially codependent.” In other words, this new couple begins supporting each other, sharing the bills, and generally living like a married couple.

If this occurs, then the spouse who enters into the new relationship may stop receiving alimony from their ex. The logic is that if someone else begins supporting the alimony recipient financially, there is no longer any justification for continued alimony payments.

Custody Changes Can Reduce Child Support 

A relatively new development in Georgia forces courts to consider parenting time when calculating child support. Therefore, changes to parenting schedules can also lead to valid child support modifications. For example, a child might spend only 25% of their time living at the residence of a non-custodial parent who also pays child support. If this increases to 50%, then the non-custodial parent could petition to reduce their child support amount accordingly.

The logic is that parenting time should dictate how much a parent pays in child support. If you spend more time with your child, you will inevitably end up paying for more food, school supplies, clothing, and so on. If you’re paying a greater “share” of these costs, your ex doesn’t need to receive as much child support.

Home Changes Can Affect Child Custody (and Vice Versa)

Another “moving part” that can lead to a modification involves the family homes. Often, the children remain in the “familiar environment” of the family home with one of the parents. This often occurs after the parent “wins” the family home during property division. Alternatively, the family court may “give” the family home to the parent who wins primary custody of the children. In other words, this can go both ways.

After the initial custody and property division proceedings, future changes involving the family home can lead to custody modifications. For example, one parent might move too far away from the family home, making visits or shared custody unfeasible. Family courts generally try to avoid subjecting children to excessive travel time.

Can a Divorce Modification Lawyer in Atlanta Help Me? 

If you believe that the “moving parts” in your family have changed considerably, you may be able to explore your options with a divorce modification lawyer in Atlanta. Depending on your circumstances, this could lead to more financial stability and parenting time. Discuss your options in more detail with Buckhead Family Law today.

Sources:

 georgiacourts.gov/a2j/self-help-resources/family-law/child-custody/

georgia.gov/file-child-custody