MYTH: Parents are required to spend child support on children. FACT: No state requires parents to spend child support on their children
MYTH: Both parents have an equal chance of custody. FACT: Theoretically, it is correct. Most states leave it up to the Courts to decide. The facts, however, tell us that mothers get primary custody about 80% of the time
MYTH: Most divorces are heard and decided by a judge. FACT: Courts do not the resources to hear every case. Therefore, most cases are settled prior to trial.
MYTH: Attorneys represent child in custody cases. FACT: Attorneys represent their clients – the parents of the children but not the child itself.
MYTH: Juries can decide custody. FACT: In Georgia, Juries cannot hear custody cases.
MYTH: Child support is based on the actual cost of raising children in single parent houses. FACT: It is very difficult to separate children expenditures from the rest of the household. Therefore, most states use certain assumptions to calculate children expenses from data on intact (or two parent households)
MYTH: The two year limitation on modifications is based on when the date of petition for the previous order. FACT: In Georgia, the date of the previous court order is the starting point for the 2 year rule
MYTH: There is abundant data on custody and child support decisions. FACT: There is little available data on family law.
MYTH: There is adequate recourse when you are given bad advice by an attorney. FACT: Law is a subjective profession. Unless the attorney was negligent (did not timely file), it is rare that attorneys will face punishment for bad advice.
MYTH: It is difficult for an attorney to withdrawal from your case. FACT: It is relatively easy for an attorney to withdrawal. It can be done simply by saying that they have differences of opinion with their client.