GA's new guidelines

[POC]

Soc,

I'm not sure if you were aware, but GA just passed new CS guidelines yesterday. They don't take effect until July, 2006. The current guidelines had 18 factors that judges could base deviation of CS awards upon. Visitation and incomes of the parents were two of those 18. The new guideline is an income shares model with credits given for visitation.

Q. 1) Would the court be within its discretion to apply the new guidelines now based upon taking into account those factors that will be required to be considered in just a short time?

Q. 2) Would the court be over-stepping its authority by partly basing such a decison to apply the new guidelines early on grounds that it would prevent the parties from coming back to court as soon as the new law takes effect, thus avoiding senseless litigation?

[socrateaser]

>Q. 1) Would the court be within its discretion to apply the
>new guidelines now based upon taking into account those
>factors that will be required to be considered in just a short
>time?

A law is not operative until its effective date, usually stated in the text of the Bill itself. Until it's law, the court must rule under the old law.

>Q. 2) Would the court be over-stepping its authority by partly
>basing such a decison to apply the new guidelines early on
>grounds that it would prevent the parties from coming back to
>court as soon as the new law takes effect, thus avoiding
>senseless litigation?

The better solution is to ask for a continuance until the new law is effective, or to stipulate with the other parent that the court may use the new law's standards in basing its decision.

The court might refuse this last suggestion, on public policy grounds, if the net result reduces the child's current support. But, it may be worth a shot, if the other parent agrees.

I just thought of a third option: Ask the court to make a ruling under the old law, and then another ruling under the new law, to take effect on the date that the law becomes effective.

[POC]

Thanks soc,

I was hoping that the court could claim that it is using the current law, as it allows for those factors to be considered. Using the new guidelines as a formula to apply those factors might be setting a new precedent, but heck, I figure by the time it could possibly be heard upon appeal, that basis would in fact already be law.

1) Is it possible for an appellate court to rule that the lower court over-stepped its authority and discretion to use the new formula as a basis to apply those 18 factors that the current law says it is allowed to consider?

2) If #1 is possible, how likely to do you think it would over rule that order, just to find the lower court come back again with the same ruling, but not be able to over-turn it the 2nd time, since that is what the guidelines say to do?

[socrateaser]

>1) Is it possible for an appellate court to rule that the
>lower court over-stepped its authority and discretion to use
>the new formula as a basis to apply those 18 factors that the
>current law says it is allowed to consider?

Yes, assuming that there was an ascertainably harmful effect on a party. But, an appeal wouldn't be worth the cost, unless you're payong $10,000 a month in child support. In which case, I'm sending you a bill for my time.

>2) If #1 is possible, how likely to do you think it would over
>rule that order, just to find the lower court come back again
>with the same ruling, but not be able to over-turn it the 2nd
>time, since that is what the guidelines say to do?

I think you're trying to play chess when you only need to play heads or tails. Just ask the court to make an advance ruling to take effect at the time the new law becomes operative. You may find that the court orders this even without your request. The GA court system doesn't want to be bombarded with repeat customers.

[POC]

Thanks Soc, I'll take that as advisement. You are a credit to your profession. But, that was for my buddies in GA. There's a whole other can for the GA courts to consider after next year's session too. As for me, my legislator in FL has something special. I haven't done too bad for flying under the radar.

It seems as though people are finally starting to get it.