Douglasville, GA asked in Child Support and Family Law for Georgia

Q: What rights does an ex wife with joint legal custody of two minor children have to assets obtained during a new marriage

*Assets earned or obtained during the non-custodial parents new marriage. This is in regards to a contempt case being brought upon the custodial parent for denial of visitation with the expectation that she will retaliate by asking for more money( in the state of georgia)

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3 Lawyer Answers
Onyema Anene Farrey
PREMIUM
Onyema Anene Farrey
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: The ex spouse’s rights regarding any assets from the divorce should be already spelled out in the divorce decree. But once the court divided up the assets and property in the divorce, that’s it. After a divorce is finalized the court cannot re-determine a division of assets and property.

The custodial parent (ex spouse) can ask the court to modify child support or modify alimony (if the court previously awarded alimony that is modifiable)

Custody of children and assets have nothing to do with each other. Do not be afraid to pursue a contempt to enforce your visitation rights for fear that the opposing party will seek an increase in child support. He/she still has to prove their case.

V. Joy Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: The ex-wife's new assets will only factor into child support if a modification of child support is requested and the assets are income earning. Call us at 770-723-7211 for a consultation to work through the issues specific to your case.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Assets will only be a factor in one’s marriage, not once someone becomes an ex. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options.

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