Roswell, GA asked in Divorce and Family Law for Georgia

Q: Is there a general Percentage a judge may award in Spousal Support? Wife believes she is entitled to half my monthly pay

In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a private business and even went to a training school where we spent thousands of dollars for her to quit 2 months before graduating.

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2 Lawyer Answers
Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: There is no percentage or guideline. The judge will look at all that you have mentioned in determining whether or how much spousal support it should be.

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Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Dacula, GA
  • Licensed in Georgia

A: Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other spouse's ability to pay. If there is a large disparity in income, even if both spouses worked, the Court may consider awarding spousal support to the spouse with the lesser income. You would likely benefit from an attorney who can outline for the Court whether your spouse has a need for the support she is requesting. Because if the Court awards her support, it could be for a period of time, and once they do so, it is final, if that happens at trial or your final hearing.

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