HomeMy WebLinkAbout09-0564Ebonee Sessomes, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
Darren Curry Jr.,
Defendant : NO. CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Ebonee Sessomes, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in custody.
1. The plaintiff is Ebonee Sessomes, residing at 1350 Grandview Court, Carlisle,
Cumberland County, Pennsylvania 17013.
2. The defendant is Darren Curry Jr., residing at 110 Hembre Forest Circle, Roswell,
Fulton County, Georgia 30076.
3. Plaintiff seeks primary custody of:
Name Present Residence Age Date of Birth
Darren Curry III 110 Hembre Forest Circle 5 1/23/2004
Roswell Georgia 30076
Dayvon Curry 1350 Grandview Court 2 1/4/2007
Carlisle, Pennsylvania 17013
Plaintiff and Defendant are also the biological parents of Darajanea Curry, born April
23, 2002. That child is not the subject of this action, as there is a custody order entered in
Dauphin County, Pennsylvania, granting Mother primary physical and shared legal custody of
Darajanea.
The children were born out of wedlock.
The child, Darren Curry III is presently in the temporary physical custody of
Defendant, who resides at 110 Hembre Forest Circle, Roswell, Georgia 30076
The child, Dayvon Curry is presently in the custody of Plaintiff, who resides at 1350
Grandview Court, Carlisle, Pennsylvania 17013
During the past five years the children have resided with the following persons at the
following addresses:
Persons Address Dates
Darren Curry Jr. 110 Hembre Forest Circle 09/2/2008- Present
Valerie Curry Roswell, Georgia 30076*
*Only Darren Curry III temporarily resides at this address
c. With the exception of Darren Curry III going to visit Defendant in Roswell
Georgia, the children have been living with Plaintiff and the children's two
sisters, from whom they had never been separated.
d. Plaintiff has been the children's primary caretaker for all of the children's life.
e. Plaintiff provides the children with a stable home and environment with,
adequate moral, emotional, and physical surroundings as required to meet the
children's needs.
f. Plaintiff has permitted contact between Defendant and the children and will
continue to do so.
8. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody to the children have been named as parties to this
action.
WHEREFORE, Plaintiff respectfully requests that the Court of Common Pleas of
Cumberland County, Pennsylvania:
1. Pursuant to § 110 of the Uniform Child Custody Jurisdiction and Enforcement
Act, 23 Pa. C.S. § 5410:
a. communicate with the Superior Court of Fulton County, Georgia, to
inform that court of its lack of Subject Matter Jurisdiction over this
matter,
b. ask the Superior Court of Fulton County, Georgia, to stay or dismiss the
proceedings in that court and transfer Jurisdiction over Darren Curry III
to the Court of Common Pleas of Cumberland County, Pennsylvania
2. grant Mother shared legal custody and primary physical custody of the children,
with Father having periods of partial custody.
Respectfully submitted,
Date: 0210 3101
14 _
di Ann M. Kirby
Certified Legal Intern
ROBE AT E. RAINS
THOMAS M. PLACE
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
_,
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904
relating to unsworn falsification to authorities. <
Ebonee Sessomes
KinderC '
LEARNING CENTERS
14 Brookwood Avenue
Carlisle, PA 17013
To Whom It May Concern:
This letter is to inform you that Darren Curry was enrolled here at
KinderCare from July 9, 2008 to August 28, 2008.
If you have any further questions please contact our center at
(717)249-0881.
Thank you,
?? "e, L-)
Nicole Nace
Exhibit 1
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA '
FAMILY DIVISION
Civil Action File No. 2009CV162702
DARREN 0 CURRY JR vs. EBONEE M SESSOMES
NOTICE TO ATTEND 30-DAY STATUS CONFERENCE
THIS IS AN IMPORTANT COURT NOTICE THAT AFFECTS YOUR RIGHTS.. READ
THIS NOTICE CAREFULLY. IF YOU DO NOT UNDERSTAND THIS NOTICE,
CONTACT AN ATTORNEY FOR LEGAL ADVICE.
DATE AND TIME OF 30-DAY STATUS CONFERENCE:
02/11/2009 at 03:00pm
BEFORE THE HONORABLE CYNTHIA D. WRIGHT, JUDGE
PLACE OF CONFERENCE: Fulton County Superior Court
Justice Center Tower
185 Central Avenue, SW
Courtroom 8D
Atlanta, Georgia 30303
This conference has been set for a specific time so as not to inconvenience the parties.
Please be on time. Failure to appear at the appointed time could result in the dismissal of
your case.
YOU ARE HEREBY NOTIFIED THAT:
1. In contested cases, all parties, and their attorneys, if they are
represented by counsel, shall appear at the time and place
designated above for a 30-Day Status Conference.
2. In uncontested cases in which an Aclmowledgment of Service form, Consent to Trial
in 31 Days form, Child Support Worksheets (if applicable), and a Settlement Agreement
(if applicable), Parent Plan (if applicable), have been filed with the Court, all
petitioners, and their attorneys, if they are represented by
counsel, shall appear at the time and place designated above for a
30-Day Status Conference, and they may receive the Final Judgment
and Decree at that time.
3. Parties and counsel must read and comply with this Notice and
the Automatic Domestic Standing Order. Additionally, if the case is
contested, each party must read the attached information about the
30-Day Conference, and must complete and bring to the 30-Day
Conference the Financial Affidavit, Child Support Worksheet and
Schedules, Answers to Interrogatories, and all requested
documents pursuant to the Required Documents To Be Produced form.
FURTHER NOTICE that in the absence of good cause shown, failure
to appear at and participate in good faith in the 30 Day Status
Conference could result in the entry of a final judgment if the
case is ripe for judgment, or imposition of sanctions or
penalties provided by statute, rule, or authority of the Court,
including: 1)a finding of contempt by the Court; 2)taxation of
costs or attorney's fees; 3)dismissal of the case; and/or -
• 0. .? IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Civil Action File No: o? o o
g? 2
Petitioner: 702
I
and
Respondent:
Judge's:
PETITION FOR LEGITIMATION, CUSTODY AND/ OR VISITATION
The Petition of XcwR EU (- JR tv4d (_? R.?R`-( J? respectfully shows to the Court the
following facts:
1. Petitioner shows that he is a resident of--P-o L-ro 0 County, Georgia and that he is th
child(ren) born out of wedlock with the following names and birth dates:' ,V FYr
Full Name Male/Female Sigh Date
_ ARREtl7ORLAtot;-1pIr et_E 1 I'2-3 10 -?
r
2. (Choose A or B.)
IA) The Respondent/Mother of said child(ren),
of
is a resident
County, Georgia, and is subject to the jurisdiction of this Court.
(Choose one)
The Respondent/Mother may be personally served at her residence of l
C-sQQ,??y1Ev? ?`. CAQtiiSr--- -A 1"aID13
OR
? 2) The Respondent/Mother has signed an Acknowledgment of Service form.. The, signed
and notarized form is attached as Exhibit "
OR
? 3) The Respondent/Mother resides in a different County/State from the Petitioner, but has
waived venuehurisdiction. The signed and notarized form is attached as Exhibit
? B) The whereabouts of the mother are unknown and she must be served by publication as is
provided by law in such situations. An Affidavit of Diligent Search is attached hereto as
Exhibit" °
Pnfifinn fni I nnifimafinn l:jjefnrh` 2 nrf Viaitafinn Dann 1 nf4
3. Choose one.
? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said
child(ren) and to the physical and legal custody being awarded to Plaintiff. Her consent is
attached hereto as Exhibit "
OR
? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said
child(ren) and to visitation by the Plaintiff.
OR
? The Respondent/Mother of said child(ren) is deceased, having died on . A copy
of her death certificate is attached hereto as Exhibit °
OR
? There. is no other legal parent of this child(ren), and the child(ren) hasthave no legal guardian.
OR
? None of the above.
4. Petitioner desires that the surname of said child(ren) be changed to , that
said child(ren)'s name(s) be changed on the birth record of the child(ren), and that Petitioner's
name be entered as father on the birth record of the child(ren). Petitioner further requests that the
Department of Vital Statistics be ordered and directed to amend the birth records of said child(ren)
and to reissue a birth certificate showing Petitioner,
as father and changing the child(ren)'s last name(s) to Petitioner's last name:
5. Petitioner shows that he has had physical custody of the minor child(ren) since (fill in the date)
9, f 2.00fs . The child(ren) came to live with him because yA np& n r- v=
Petitioner is a fit and proper person to have legal custody of the minor child(ren) . It is in the best
interest of the minor child(ren) to have their legal custody placed with Petitioner. Petitioner is
entitled to the physical and legal custody of said child(ren).
6. In the attemativie, Petitioner shows that it is in the best interest of the minor child(ren) that he be
awarded visitation with them.
7. Petitioner requests that the issue of child support be considered and decided by this Court.
WHEREFORE, Petitioner prays:
a) That the Court enter an Order legitimating the child(ren) named in the
Petition, causing the sumame(s) of said child(ren) to be changed to
, and that the records of birth of said child(ren) be
changed to show the name of the father as Petitioner, to wit,
, so henceforth said child(ren) will be the recognized
and legitimate child(ren) of the Petitioner
That Petitioner be granted legal and physical custody of the child(ren); and
P&Winn fnr i oni4imafinn r.isafnthi antilnr Mai/28nn Pano i ^V)
a
R 1
C) in the aftemative, that Petitioner be granted visitation with the minor child(ren);
d) That the issue of child support be determined by this Court;
e) That a Rule Nisi issue directing the Respondent to show cause why
Petitioner's prayers should not be granted;
f) ? That Respondent be served with a copy of this Petition and Court Order.
OR
? Mother/Respondent has signed an Acknowledgment of Service.
g) That Petitioner be granted such other and further relief as the Court deems proper.
M day of AN v VN R*'A
This the q
[date] [month] [Ye8fl
(Sign your na Pro Se
Petitioner's name (print or type): AR
Petitioner's address: l t0 tie maR4-o Res f?iRC_? ?.
Petitioner's telephone number kp-A ) ` ck 4 -4 40 N
Pafifinn fnr I anifimafinn ri iafMw anrflnr Maifafinn Para Z of I
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitionsr:? A(t,fLE n?i7.v?c ?CtJ?.???
and
Respondent: E SSUME-
VERIFICATION
Civil Action File No: Z (7 U a CV1 fU2? 02
I1 ?ARRFJJcc_?R.?' , personally appeared before the undersigned Notary Public, and say
under oath that I am the (check one:) Petitioner ? Respondent in the above-styled action and that the
facts stated in the . L r,-- G i-T t rn **-r, o t0 are true and correct.
This the day of '71-,me+r.
. "Z.
[date] [month] [year]
d/l .
(Sign your name here in t
Name (print or type):
Address: -w--, 1-4
Telephone number: t and bed before me, this
09
C y of
AFiI PUBLIC
My Commission Expires:
(Notary Sean
Notary Public, Fayette Courr,.Geo gw
My Commission Expires March 09, 2010
Verification Form Page 1 of 1
0 2005 Fulton County Superior Court Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA
136 PRYOR STREET, ROOM C-103, ATLANTA, GEORGIA 30303
SUMMONS
Case No.: 20c) - [ " / / 62 102-
Plaintiff,
vs.
Defendant
TO THE ABOVE NAMED DEFENDANT(S):
r
L
2
1?1 0?
Your are hereby summoned and required to file with the Clerk of said Court and serve upon plaintiff's
attorney, whose name and address is:
llb t?Eri,t3R fi egr C1RC.L_E-
wE t? t C? A "too 151,:?
An answer to the complaint which is herewith served upon you, within 30 days after service of this
summons upon you, exclusive of the day of service. IF YOU FAIL TO DO SO, JUDGMENT BY
DEFAULT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE
COMPLAINT.
This 1 day of , 20
To defendant upon whom this petition is served:
This copy of complaint and summons was served upon you_
Honorable Cathelene "Tina" Robinson
Clerk of Superior Court A
By w V 4?
q
Dep ty Clerk
20
Deputy Sherriff
Instructions: Attach addendum sheet for additional parties if needed, make notation on this sheet if addendum is used
DOMESTIC RELATIONS INITIATION PACKET
FULTON COUNTY SUPERIOR COURT FAMILY DIVISION
Your case has been assigned to the Superior Court of Fulton County Family Division. You are
ORDERED to attend a 30-day status conference with a Family Division Judge.
This is your Domestic Relations Initiation Packet. You are responsible for serving the respondent
with a copy of this packet by any statutory method of Service: 1.) Sheriff's Service, 2.) Special
Process Service or 3.) Acknowledgment or Certificate of Service to be filed with the Court
YOU ARE RESPONSIBLE FOR READING THE INFORMATION ABOUT THE 30-DAY STATUS
CONFERENCE which is included in this packet.
It is mandatory that you complete the Domestic Intake Worksheet and bring it to the 30-day status
conference.
The following documents are included in this packet:
• Automatic Domestic Standing Order
• Domestic Relations Case Filing Form
• Domestic Intake Worksheet
• Information About the 30-day status conference and the 60-day status conference
• Information About a Request to Postpone or Reschedule a Status Conference
• Domestic Relations Financial Affidavit 4EM
• Answer to Interrogatories ? tW ? or dw
• Required Documents to be Produced 4$m Ckrk of s"Miw CORM a.ii avidm
• 30 and 60-day Joint Compliance Certificate
• 30-day Joint Compliance Worksheet
• Proposed Pre-Trial Order
• Child Support' Addendum
• Final Agreement
• Scheduling Order
• Consolidated Scheduling Order
• Vital Records Form (for the Office of the Clerk of Superior Court's Civil Division, please
file once a Final Order is entered.)
• Resource Information Sheet
Copies of all pleadings and correspondence to the Court, including return of service and
acknowledgment of service forms shall be served upon the case manager for the Family Division Judge
to whom your case is assigned, in the same manner which service is made upon the opposing party.
* * WHEN FILING YOUR COMPLAINT YOU MUST BRING THE ORIGINAL AND A PHOTO
COPY TO THE CLERK OF SUPERIOR COURT OFFICE, CIVIL DIVISION. THE CLERKS'
OFFICE IS LOCATED AT 136 PRYOR STREET, SUITE C-103.
Instructions for Emergency Hearings
1.) Prepare your written motion explaining why you need an emergency hearing. Prepare a Nisi
Order for the Judge's signature.
2.) Contact the Case Manager for the Judge to whom your case is assigned to request an
emergency hearing.
The Motion for an Emergency Hearing and approved Nisi Order mu be attached to
the service Form
.
copy
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA AIL Q { N-FFI1;E
FAMILY DIVISION
NOV 16 2004
Petitioner ) DEpUT;&?Mgff?COURT.
Civil Action File No.
and }
}
Respondent )
AUTOMATIC DOMESTIC STANDING ORDER
1.
This Order shall bind the parties in the above-styled action, their agents, servants,
employees and all other persons acting in concert with the parties in all civil actions assigned to
the Family Division of the Superior Court of Fulton County unless the type of action to which a
paragraph applies is specifically limited herein.
2.
Each party is hereby required to complete the Domestic Intake Worksheet, and return it
to the Family Division.
3.
Each party to a case involving an original question of custody of minor children (not
contempt or modification) is hereby enjoined and restrained from causing or permitting the
minor child(ren) of the parties to be removed from the jurisdiction of this court.
4.
Each party is hereby enjoined and restrained from doing, or attempting to do, or
threatening to do, any act injuring, maltreating, vilifying, molesting, or harassing the adverse
party or the child(ren) of the parties.
BOOK PAGE
95634 - 226
11.
All attorneys entering an appearance in the Family Division of the Superior Court of
Fulton County shall attend at least one seminar which has been authorized by this Court as a
sufficient informational seminar or shall view at least one authorized reproduction of the same or
shall read the entire materials from such a seminar.
12.
All parties and attorneys entering an appearance in the Family Division of the Superior
Court shall abide by the rules of the Family Division as promulgated by this Court. A copy of all
such rules shall be made available by the Clerk upon request.
13.
This Order shall apply to all domestic civil actions (as defined by O.C.G.A. a 19-1-1)
which are assigned to the Family Division of the Superior Court of Fulton County and shall be
the Standing Order'until further order of this Court.
14.
Failure to follow a Court order, unless substantially justified, may result in sanctions or
penalties as provided by statute, rule or authority 'of the court, including a finding of contempt by
the Court; taxation of costs or attorneys' fee; and/or the imposition. of monetary or other
sanctions.
SO ORDERED this -day of 200
s; fe udge
Fulton County Superior Court
Atlanta Judicial Circuit
BOOK PAGE
05034 22,28
11 1 Domestic Relations Case Filing Information Form
Superior Court: County
Docket #
Petitioner (s)
Lost First Middle L Suffix Prefix Maiden
Date Filed
MM-DD-YYYY
Last First Middle 1. Suffix Prefix Maiden Last First Middle L Suffix Prefix Maiden
Petitioner's Attorney ? Pro Se (Check here if you are representing yourself)
Bar #
Last First Middle 1. Suffix
Case Type (one or more)
? Divorce (includes annulment)
0 Separate. Maintenance
0 Adoption
0 Paternity (includes legitimation)
0 Domestication of Foreign Custody Decree
0 Family Violence Act Petition
Modification
0 Modification-Custody and/or Visitation
? Modification-Child Support and Alimony
0 Modification-Child Support
? Modification-Alimony
Contempt
0 Contempt-Custody and/or Visitation
0 Contempt-Child Support and Alimony
? Contempt-Child Support
? Contempt-Alimony
0 Other Domestic Contempt
0 Other Domestic Relations Specify
Respondent (s)
Last First Middle 1. sum, Prefix Maiden
Is Case Uncontested or Contested?
? UNCONTESTED
A. 1. Acknowledgment of Service/Wavier of Venue
signed and notarized by respondent? 0 Yes 0 No
2. Consent to try signed and notarized by both parties?
0 Yes 0 No
3. Separation Agreement/Settlement Agreement (if
children or property are involved), signed and notarized
by both parties? 0 Yes 0 No
OR
B. Divorce by publication with affidavit of diligent search?
0 Yes 0 No
? CONTESTED
Family Violence .
Additional Information - Ex Parte Relief
Did the initial pleading include a request for relief?
I . From alleged family violence ? ? Yes ? No
2. Was ex parte relief requested ? 0 Yes 0 No
3. Was ex pane relief granted ? D Yes ? No
DOMESTIC INTAKE WORKSHEET
Style of Case: Case Number:
Date of Filing,
Judge Assigned to Case: _
Part A--
PetRfoner:
Address:
Information About the Parties
Name(s)
Street Address County City State Zip
Telephone Number.
Date of birth:
Petitioner's Aitomey:
Attorney's Address:
Sheet Address
Attorney's Telephone Number.
Respondent:
Address:
Name(s)
City state Zip
Street Address County City . State Zip
. Telephone Number-
Home Work
Date of firth:
tespondent's Attorney:
Name
?itorney's Address:
Street Address City State ZIP
ftorney's Telephone Number.
= YOUR CASE IS ASSIGNED TO THE FAMILY DIVISION, IT IS MANDATORY THAT YOU COMPLETE AND
ETURN THIS WORKSHEET AT YOUR 30-DAY SCHEDULING CONFERENCE. IF YOUR CASE IS NOT ASSIGNED TO
yE FAMILY DIVISION, PLEASE COMPLETE AS SOON AS POSSIBLE AND RETURN TO THE FULTON COUNTY
YPERIOR COURT FAMILY DIVISION, 136 PRYOR ST., SUITE C-826, ATLANTA, GEORGIA 30303.
Last rcvised 6/8107
Home
Work
Name
part ._ Information About the Current Case and Related Cases
NUMSEk OF CHILDREN:
NAMES OF CHILDREN:
Current Cialm(s)Jissue(s)/Allegation(s):
a Divorce 0 Legitimation o Adoption
n Child Custody n Family Violence n Guardlanship
Visitation p Child Abuse ? Substance Abuse
0
o Child Support o URESA o Other Issues:
Patemil p DHR
y
O
Is there currently pending In any other Fulton County Court a case or cases involving the petitioner, respondent, or any
minor children of the relationship? o Yes ? No
N yes, please list the Court, Case number, and style of case below.
cow Case Number We of Case
_M.__a ctnttial
INFORMATION ABOUT TIC 04MY SCHEDULING
CONFERENCE AND 60-DAY SCHEDULING CONFERENCE
1. Timeliness: Do not be late for either conference or you shall be considered as having FAILED TO
APPEAR YOUR FAILURE TO APPEAR MAY RESULT IN THE FINAL DISPOSITION OF
YOUR CASE.
2. Postponing or Rescheduling the Conferences: A conference will only be postponed and rescheduled for
specific reasons. Requests for postponement that are received by the case manager at least two (2) weeks
before the status conference date are more likely to be granted. See the attached information about a
Request to Postpone or Reschedule a 30-Day Scheduling Conference or 60-Day Scheduling Conference
3. "Families in Transition" Seminar. If your legal action involves minor children, you must attend and
complete the "Families in Transition" Seminar before the 30-Day Scheduling Conference. Information
about these seminars is in the Domestic Relations Initiation Packet. Call the Family Division at 404/30-
4618, or go to the website at www.fuhonfamilydivision.com to obtain information on the Seminar.
4. What will happen at the 30 Day Scheduling Conference? The conference officers will talk with both
parties about the case, including the areas on which the parties agree and disagree. Then the conference
officer will tell the parties what court procedures come next, and by when they must be done.
A. Settlement: If the parties agree about everything in the Court case, the conference officer will
confirm the agreement with the parties and a final divorce hearing will be convened or scheduled.
If the parties agree to some of the issues, then a Temporary Consent Order may be entered.
B. Set the Case for a Temporary Hearing: If the parties agree on many things but there are still a
few matters to resolve on a temporary basis, for example child custody, the conference officer will
inform the case manager that the case is ready for a short hearing in front of the Judge.
C. Mediation: If it appears that a mediator could help the parties, the conference officer will
immediately refer the case to a trained, on-site mediator to work with the parties on the disputed
issues. Depending on the case, this referral might result in a full resolution of the case, or the
parties might be instructed to return to the conference officer to work on the issues that remain.
D. Future Schedule: At the conclusion of this conference and/or temporary hearing, a Consolidated
Scheduling Order shall be filed with the Court.
5. What to Bring to The 30-Day Scheduling Conference: Bring with you the completed Domestic Intake
Worksheet and, if applicable, the completed Domestic Relations Financial Affidavit, Answers to
Interrogatories, Child Support Worksheet and Schedules, and the documents in response to Required
Documents To Be Produced. This will help you be prepared for your 30-Day Scheduling Conference and
reduce the number of times you will be required to come to cows All these forms are in the Domestic
Relation Initiation Packet. Call the Family Division at 404224-0505, or go to the website at
www.ft tonf1=1ydivi*mcom to obtain a packet. Be prepared for your 30-Day Scheduling Conference,
because if you are not, you will have to come back ?to Court.
6. What will happen at the 60-Day Scheduling Conference? At the 60-Day Scheduling Conference, the
parties will discuss and attempt to agree upon pertinent issues which have remained unresolved since the
30-Day Scheduling Conference and any hearing that may have occurred at that time or soon thereafter.
This does not allow the parties to raise issues which were resolved at the 30-Day Scheduling Conference or
the hearing unless they can convince the Judge of the necessity of revisiting an issue which was previously
resolved. At the conclusion of the 60-Day Scheduling Conference, a Temporary Order and Consolidated
Scheduling Order may be entered. As with the 30-Day Scheduling Conference, the conference officer
will talk with both parties about the case and again discuss with the parties what court procedures they must
do next, and by when they must do them. The same procedures as listed in 4A through D above will also
be available for the parties at the 60-Day Scheduling Conference, except that any hearings will likely not
include matters which were previously heard by the Court at an earlier hearing.
INFORMATION ABOUT A REQUEST TO POSTPONE QR
RESCHEDULE A SCHEDULING CONFERENCE
A. PROCEDURE TO REQUEST A RESCHEDULING OR POSTPONEMENT
1. Written Request: The party or lawyer who initiates a postponement and
rescheduling of a conference must provide a written request to the case manager
by fax, mail or hand delivery that clearly states on its face the date of the request,
case number(s), the parties in the case, the date and time of the scheduled
conference, the case manager's name, reasons for the .request, the date on which
the requesting party first learned of the need to ask for a postponement, and any
other information deemed material to the request.
2. Copy to other side: The party or lawyer who requests the postponement must
show on the face of the written request that a copy was mailed, delivered, or
faxed to the other party or attorney, and the date the copy was so provided.
B. REASONS FOR POSTPONEMENT AND TIME REQUIREMENTS FOR
REQUEST:
1. Requests made more than two (2) weeks. before the scheduled
conference date: A conference may be postponed or rescheduled 2 weeks in
advance for the following reasons:
a) Mediation or arbitration in the case is scheduled,
b) A party or a lawyer has a planned vacation, Continuing Legal Education,
religious or other holiday, or other significant personal event such as
graduation, a wedding, etc.
c) Another court event such as a hearing, trial, or deposition is already
scheduled and/or takes priority pursuant to the Uniform Superior Court
Rules.
2. Request made less than ten (10) days before the scheduled conference: A
conference will not be postponed or rescheduled with less than ten (10) days
advance notice except for the following reasons:
a) Another court appearance that was set within the ten (10) days before
the conference and that takes priority pursuant to the Uniform Superior
Court Rules.
b) An unexpected event occurs that affects or involves a party, lawyer, or
immediate family member, such as serious illness, serious accident, death
or unexpected emergency.
C. CONSEQUENCE OF FAILURE TO APPEAR AT A CONFERENCE:
If request for postponement or rescheduling is denied or not approved before the scheduled
conference and a party or lawyer fails to appear at a conference as scheduled, sanctions or
penalties as noted in the Order to Appear at the 30-Day Scheduling Conference may be
imposed, including final disposition of the case.
Revised 618107
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner,
CIVIL ACTION FILE
V. :
• NO.
Respondent.
DOMESTIC RELATIONS FINANCLAL AFFIDAVIT
You are required to make to the Court, under oath, a FULL DISCLOSURE of your
income, net worth and financial condition on this form. Fill out each and every section
of this form. If something does not apply to your situation, write, "N/A".
1. Your Name: DOB
Address: County:
City: State: Zip Coder
Spouse's Name: DOB
Address County:
City: State: Zip Code:
Date of Marriage:
Date of Separation:
Names and birth dates of children for whom support is to be determined in this action:
Names and birth dates of your other children who are living with you:
Names and birth dates of the children for which you are obligated to pay support by a
courtorder:
2. EMPLOYMENT AND INCOME
Occupation:
Employed By:
Number of exemptions claimed:
Pay period (ie, weekly, monthly, etc.)
If you are employed, but expecting soon to become unemployed or change jobs, describe the
change you expect and why and how it will affect your income. If currently unemployed, describe
your efforts to find employment, how soon you expect to be employed, and the pay you expect to
receive:
EXCEPT IN PROCEEDINGS FOR ADOPTION, ENFORCEMENT, CONTEMPT, AND
INJUNCTIONS FOR DOMESTIC OR REPEAT VIOLENCE, ALL OF THE FOLLOWING
MUST BE ATTACHED TO THE COPY OF THIS FINANCIAL AFFIDAVIT SERVED ON THE
OPPOSING PARTY. THE ATTACHMENTS SHALL NOT BE FILED WITH THE COURT.
Your three (3) most recent pay stubs, your three (3) most recent Federal and State tax retums, and
the most recent W-2 forms. If last year's Federal income tax return has not yet been filed, attach
W-2s, 1099s, K- I s, and any other document to be attached to your tax return. If the attachments are
not made to the copy served on the opposing party,. an explanation is required.
3. SUMMARY OF YOUR INCOME AND NEEDS
(a) Gross monthly income (from Item 4A)
(b) Total income taxes paid on above income
(Incl. Fed., State and FICA)
(c) Net monthly income (from Item 4C)
(d) Expenses
Average monthly expenses (Item 5A)
Monthly payments to creditors (Item 5B)
TOTAL monthly expenses and payments to
creditors (Item 5C)
Domestic Relations Financial Affidavit
Fulton County Family Division
4. YOUR MONTHLY INCOME
A. Gross Income
(All income whether earned or unearned, from any source, must be entered based
on monthly average regardless of date of receipt.
Salary or Wages $
Bonuses, Commissions, Allowances, Fees,
Overtime, Tips and similar payments (based
on past 12-month average or time of employment
if less than 1 year) $
Income from sources such as self-
employment, partnership, close corporations
and independent contracts (gross receipts minus
ordinary and necessary expenses required to
produce income) ATTACH SHEET ITEMIZING
YOUR CALCULATIONS. $
Severance Pay $
Disability/Unemployment/Worker's Compensation $
Recurring Income from Pension and Retirement Plans
or Annuity payments $
Social Security benefits $
Other public benefits (do NOT include means tested
public assistance such as TANF or food stamps) $
Spousal or child support from people not in this case $
Interest and Dividends $
Rental income (gross receipts minus ordinary and
necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS $
Reimbursed expenses and In kind payments to the extent
they reduce personal living expenses $
Fringe Benefits (if significantly reduce living expenses) $
Income from Royalties, Trusts or Estates $
Capital Gains or Gains derived from dealing in property
(not including non-recurring gains) $
Prizes/Lottery Winnings $
Gifts (cash or other liquid assets or which.can be
converted to cash) $
Judgments from Personal Injury or other civil cases
where cash is received on a recurring basis $
Assets used for support of family $
Other income of a recurring nature (specify source) $
Gross Monthly Income $
Domestic Relations Financial Affidavit
Fulton County Family Division
B. Benefits of Employment
List and describe (where requested below) all benefits of employment not deducted
from your wages or salary. These are defined as those costs paid directly by your employer
on your behalf. Most, if not all, of these benefits are listed below. If a benefit(s) is not
listed, fill in "other" and, describe the benefit in the space provided.
Automobile
Payment $
Allowance $
Gasoline $
Insurance $
Other (Describe)
Medical/Dental Expenses $
Insurance
.Health $
Life $
Disability $
Other (Describe)
Deferred Compensation (Describe)
Employer Contribution to Retirement or Stock $
Club Membership $
Reimbursement Expenses (to the extent they reduce personal
living expenses and are not included in 4A) (Describe)
OTHER (Describe)
TOTAL $
C. Net Income
Net monthly income from employment (deducting only state and,
federal taxes, FICA, and self-employment tax, if applicable) $
5. YOUR NEEDS
A. AVERAGE MONTHLY EXPENSES
HOUSEHOLD
Residence
1st Mortgage $
2°d Mortgage $
Domestic Relations Financial Affidavit
Fulton County Family Division
Equity line of credit
Other
Property taxes
Rent Payments
Homeowner/Renter Insurance
Condo, maintenance fees/homeowners association fees
Electricity
Water
Gas
Garbage and Sewer
Telephone
Cellular Telephone
Repairs and Maintenance
Lawn care
Pool care
Pest control
Cable television
Burglar alarm/security system
Miscellaneous household and grocery items
Meals outside home
Pets: grooming
veterinarian
food
Drugstore items
Service contracts on appliances
Domestic help
Internet
Other (Attach sheet)
AUTOMOBILE
Gasoline and Oil
Repairs
Auto tags and License
Insurance
Alternative transportation (bus, public
transportation, etc.)
Tolls and parking
OTHER VEHICLES, BOATS, TRAILERS
Gasoline and Oil
Repairs
Tags and License
$
$
Meals outside home
Domestic Relations Financial AAdavit
Fulton County Family Division
Insurance
Other (Attach sheet)
OTHER EXPENSES
Life Insurance
Disability Insurance
Dry cleaning and laundry
Grooming
Clothing
Medical/dental (out of pocket/uncovered expenses)
Prescriptions (out of pocket/uncovered expenses)
Gifts (special holidays)
Entertainment
Vacations
Travel expenses necessary for parenting time/visitation
Retirement/401 -K Contributions
Publications
School alumni dues
Union dues
Club membership dues and expenses
Religious and charities
Professional expenses (other than this proceeding)
Bank charges/credit card fees
Miscellaneous (attach sheet)
Other (attach sheet)
Alimony paid to former spouse(s)
Child support paid for other children
(Date of initial order:
County and State:
Case number:
CHILDREN'S EXPENSES (Per child)
Child care- school year
Child care- summer
School tuition
School uniform
Other school expenses
Private lessons (e.g. music,
dance, etc)
Tutoring
Lunch money
NAME NAME NAME
$
NAME
$
Domestic Relations Finatkiai Affidavit
Fulton County Family Division
Allowances $
Clothing $
Cellular telephone $
Medical/dental (out of pocket/
uncovered expenses $
Psychiatric/psychological/
counseling (out of pocket/
uncovered expenses) $
Prescriptions (out of pocket/
uncovered expenses) $
Grooming $,i
Gifts from children to others $
Entertainment $
Toys $
Books/Publications $
Summer camps $
Sports and extracurricular
activities $
Other (attach sheet) $
Sub-total Child(ren) Expenses
INSURANCE
Health
Total $
Child(ren) portion $
Dental
Total $
Child(ren) portion $
Vision
Total $
Child(ren) portion $
Life Insurance on
child(ren)'s life only $
Other (specify) $
Sub-total Cbild(ren)'s Insurance
TOTAL AVERAGE MONTHLY EXPENSES (Section A)
S
Domestic Relations Financial Affidavit
Fulton County Family Division
B. PAYMENTS TO CREDITORS
Account 4 Monthly
To Whom Mast 4 digits) Balance Due Payments Name(s)on Account
TOTAL (Section B) S $
C. TOTAL MONTHLY EXPENSES AND PAYMENTS
TO CREDITORS S
6. ASSETS
(If you claim or agree that all or part of an asset is non-marital, indicate the non-marital
portion under the appropriate spouse's column. "Non-marital" means your spouse or you had
this asset before the marriage or received it by personal gift or inheritance during the
marriage. The total value of each asset must be listed in the "value" column. "Value" means
what you believe to be the fair market value of the item or property.
ACCOUNT(S) ACCOUNT # VALUE HUSBAND'S WIFE'S
NAME (last 4 digits) Non-Marital Non-Marital
RETIREMENT ACCOUNTS:
441-K
Pension
IRA
Other
NON-RETIREMENT ACCOUNTS:
Stocks
Bonds
CDs
Investments
Money Market
Cash on hand
Other accounts
(Describe)
Domestic Relations Financial Affidavit
Fuhon County Family Division
BANK ACCOUNTS:
12 month
Average Current Name(s) on the
Name of Bank Account Number Balance Balance Account
(only last 4 digits)
Savings
Checking
Checking
Checking
Custodial
Custodial
Other
REAL ESTATE: HUSBAND'S. WIFE'S
Non-Marital Non-Marital
Home: Value
Outstanding Loan balances
Equity
(Certified fair market value
minus loan balances)
Other real estate:
Name/Description
1) Value
Outstanding Loan balances
Equity
2) Value
Outstanding Loan balances
Equity
3) Value
Outstanding Loan balances
Equity
Money owed to you
Tax refund due
Life insurance
(cash surrender value)
Furniture/furni shings
Jewelry
Collectibles
Other
VALUE HUSBAND'S WIFE'S
Non-Marital Nan-Marital
Domestic Relations Financial Affidavit
Fulton Comity Family Division
MOTOR VEHICLES:
Year, Make and Model Value
I)
2)
3)
Names(s) on title/Name(s) on loan/lease account
OTHER ASSETS
Are there any other assets, interest in assets or employment benefits that your spouse or you
have of a value greater than S999? If so, list your other assets here, (describe the asset, state
your estimate of the current.fair market value and any amount you contend to be your spouse or
your non-marital interest):
NOTE: BUSINESS INTERESTS- see required attached form labeled "Business Interests"
o Check if Business Interests form is attached
Domestic Relations Financial /affidavit
Fulton County Fan ily Division
BUSINESS INTERESTS
The term. "Business" for purposes of this form and your disclosure includes any business entity or
business operation of any kind in which you have any claim or ownership interest including, without limitation,
your claim or interest in any sole proprietorship, partnership, limited partnership, limited liability company,
joint venture, syndicate, closely held corporation, sub-chapter S corporation or any other type of business entity
in Georgia or any other jurisdiction.
For each Business in which you have any claim, interest or ownership, list separately and completely the
information in the form below and produce the documents required in this section.
Leal moot of Business
(and Win if any) Type of business
entity O e. Sub-S
Corp., C Corp.,
LLC, L,LP,
Partnership, Sole
Proprietorship eta) Business activity Percentage
of
ownersbip Date business
interest acquired Estimated bir
market value of
awatral ip
interest Percentage of
colad interest
that is son.
marital
For each Business Interest you have listed above, attach copies of corporate or partnership income tax
returns for the last three years; and attach annual financial statements for the last full year as well as financial
statements from the end of the last full year until the present. The term "financial statements" includes, at a
mieimam, income and profit and loss statements and balance sheets showing assets and liabilities including
without limitation current accounts receivable and payable.
For the last three years, for sole proprietorsbips, produce your IRS Schedule C forms with your Form
1040 personal tax returns. Also produce related bank account records as well as statements of income, expenses,
and current accounts receivable and payable.
Domestic Relations F'mareiW Affidavit
Fuhon Cowq Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, )
and )
}
Respondent. )
}
Civil Action File No.
ANSWERS TO INTERROGATORIES
No later than thirty (30) days from the filing of the Complaint, each parry is required to serve
answers to these Interrogatories to the other party in any proceeding for request of temporary relief
or permanent financial relief including, but not limited to, a request for support, alimony, equitable
division of property, attorney's fees or other financial payments and to file a certificate indicating
that the Answers to Interrogatories were served, the date of service, and the persons served. Where
the answer to an interrogatory may be derived, or explained from business records of the
party required to answer these Interrogatories or from an examination, audit or inspection of
business records, or from a compilation, abstract, or summary based on records, and the
burden of deriving or explaining the answer is substantially the same for the party answering
these Interrogatories, it is, sufficient to answer the interrogatory by identifying and attaching
the records which explain or provide the answer:
1. BACKGROUND INFORMATION:
a. State your full legal name and any other name by which you have been known:
b. State your present residence and employment or business addresses and telephone
numbers:
C. State the name, age and relationship to you of each person residing at your present
address:
d. List all business, commercial, and professional licenses which you now hold or
which you have held in the last three (3) years:
Answers to Interrogatories
Fulton County Family Division
e. List all of your education after high school, including but not limited to, vocational
or specialized training, including the following:
Name and address of each educational institution.
Dates of
attendance. Degrees or
certificates
obtained.
2. EMPLOYMENT:
For each place of your employment or self-employment during the last three (3) years, state
the following information:
Name, address, and
telephone number of your
employer Dates of
employ-
ment Job title and brief
description of job
duties Starting and
ending
salaries Name of
your direct
supervisor
NOTE: If you have been unemployed at any time during the last three (3) years, show the
dates of unemployment. If you have not been employed at any time in the last three
'(3) years, give the requested information for your last period of employment.
Answers to Interrogatories
Fulton County Family Division
3. INCOME:
a. For each of the last three (3) years, state the following information:
Each source of your income The amount of income you received from each
source, including earned, passive, and investment
income and capital gains.
b. For each of your present employment, self-employment, business,
commercial, or professional activities, state the following information:
Type of How often An itemization of your Any additional
employment and on what gross salary, wages, and compensation or expense
days you are income, and all reimbursement,
paid. deductions from that including, but not limited
gross salary, wages, and to, overtime, bonuses,
income. profit sharing, insurance,
expense account,
automobile or automobile
allowance that you have
received or anticipate
receiving.
4. CLAIM OF NON-MARITAL PROPERTY INTEREST:
Do you own personal or real property or sums of money which you claim as your separate or
non-marital property? If so, please describe the property in detail and explain with
Answers to ]nterrogworics
Fulton County Family Division
specificity why you believe that it constitutes your separate or non-marital property. "Non-
marital" means you had this asset before the marriage or received it by personal gift or
inheritance during the marriage. List the total value of each asset. "Value" means
what you believe to be the fair market value of the item or property:
5. PROPERTY HELD BY OTHERS
Is there any property held by any third party over which you have any control? If your
answer is yes, indicate whether the property is shown on the Financial Assets completed by
you. If it is not, describe and identify each such asset and state its present value and the
basis for your valuation. Also, identify the person holding the asset.
Asset Present Value Basis of Valuation Person Holding
Asset
6. INSURANCE
a. Identify each health, life, automobile, and disability insurance policy or plan that you
now own or that covers you, your children, or your assets. State the policy type, policy
number and name of company. Identify the agent and give the address.
Policy Type , Policy Number
Name of Insurance Agent & Address
Company
b. State the amount you pay for life insurance premiums on your life for the benefit for
the amount of child(ren) involved in this case.
7. CHILDREN'S EXPENSES
Where applicable, state the regular cost, on a monthly basis, of the following child related
expenses incurred on behalf of the child(ren). If any of these expenses did not incur prior to
Answers to Interrogatories
Felton County Family Division
six (6) months before the filing of this action, state when responsibility for the payment
began.
a. Child care costs related to your work or employment
b. Private school and extra ordinary .educational expenses
c. Tutoring and private lessons
d. Extracurricular activities
e. Summer and sports camps
f. The portion of health insurance premium payments for child(ren) only
g. Child(ren's) extraordinary medical expenses
'h. Health care expenses not covered or paid by the insurance carrier, including co pays
and deductibles
i. Your reasonable and necessary travel expenses for exercising parenting time/visitation
time with your children, and the month and year you began paying these expenses.
8. GIFTS
List any gifts you have made without the consent of your spouse in the past twenty-four (24)
months, their value and the recipients.
Description of Gift Value Recipient
9. AGREEMENTS
Did your spouse and you make any written agreements before or during your marriage or
after your separation that affect the disposition of assets, debts, or support in this
proceeding? If your answer is yes, for each agreement, state the dates made, and attach a
copy of the agreement.
10. LEGAL ACTIONS
Are you a party or do you anticipate being a party to any legal or administrative proceeding
other than this action? If your answer is yes, state your role and the name, jurisdiction, case
Answers to Interrogatories
Fulton County Family Division
number, and a brief description of each proceeding.
Your Role Case Name Jurisdiction Case Number Brief Description
lI. HEALTH
Is there any physical or emotional condition that limits your ability to work? If your answer
is yes, state each fact on which you base your answer.
12. CHILDREN'S NEEDS
Do you contend your children have any special needs? If so, identify the child with the
need, the reason for the need, its cost, and its expected duration.
Child's Name Cost Expected Duration
Describe the special needs:
13. OTHER CHILDREN IN THE HOUSEHOLD
Are there any minor children living in the family household that you have a legal duty to
support (not to include step-children) but are not the children of both parties in this
Answers to Interrogatories
Fulton County Family Division
proceeding? If you enter yes, state the name of the-child; date of birth and the name of the
child's other parent.
Child's Name Date of Birth Name of Other Parent
14. CHILD CARE PLANS
In the event you receive custody of your children as you have requested, please state in detail
your anticipated plans for child care when you are working and the child is not in school or
with your spouse.
Ansvws to lmerMatories
Fulton County Family Division
I AM AWARE THAT ANY FALSE. STATEMENT KNOWINGLY MADE BY ME
WITH THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE
PENALTY FOR PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE
COURT.
I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE
INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND
FULL DISCLOSURE OF MY FINANCIAL CONDITION.
Signature of party signing affidavit
Printed name
Address
Telephone (area code and number)
Facsimile (area code and number)
STATE OF GEORGIA
COUNTY OF
Sworn to and subscribed before me
on this day of , 200.
NOTARY PUBLIC
Answers to Interrogatories
Fultoo County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
}
Petitioner, )
} Civil Action File No. ^
and )
}
}
Respondent. )
CERTIFICATE OF SERVICE OF ANSWERS TO INTERROGATORIES
I CERTIFY THAT THE ANSWERS TO THESE INTERROGATORIES WERE:
(check one only) mailed, facsimiled and mailed, or hand delivered to the
person(s) listed below on the day of , 200
Party or their attorney if represented:
Name
Address
Telephone No.
Facsimile No.
DATED:
Signature of party or attorney, if party is
represented by counsel
Printed name
Address
Telephone (area code and number)
Facsimile (area code and number)
Answ= to Interrogatories
Fuhm county Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, }
and }
Respondent. )
Civil Action File No.
REQUIRED DOCUMENTS TO BE PRODUCED
No later than thirty (30) days from the filing of the Complaint, each party shall be required to serve
-the following documents to the other party in any proceeding for a request for temporary relief or
permanent financial relief including, but not limited to, a request for child support, alimony,
equitable division of property, attorney's fees or other financial payments and to file a certificate
indicating the Required Documents were served on the other party, the date of service, and the
persons served:
1. Domestic Relations Financial Affidavit as provided in the mandated discovery
provisions of the Family Division Rules.
2. All federal and state income tax returns, gift tax returns and intangible and personal
property tax returns filed by you or on your behalf for the past three (3) years.
3. IRS forms W-2, 1099 and K-1 for the past year, if the income tax return for that year
has not been prepared. Also, if the income tax return has not been prepared, a year-
ending pay stub received from your employer should be provided.
4. Pay stubs or other evidence of earned income for the twelve (12) months prior to the
filing of the action.
5. A statement by you identifying the amount and source of all income received from
all sources during the twelve (12) months preceding the filing of this, action if same
is not reflected on the pay stubs produced.
6. Evidence of all self-employment income during the twelve (12) months prior to the
filing of this action. This shall include, but not be limited to, financial statements,
bank statements, statements of accounts receivable and payable, and other
Required Documents to be Produced
FuNon County family Division
documents relating to income from business operations, work as an independent
contractor or consultant, sales of goods and services, and rental properties, less
ordinary and reasonable expenses necessary to produce self-employment income.
7. Evidence of all rental income received and expenses incurred during the twelve (12)
months prior to filing of this action. You may provide an accounting of expenses
and payments received that can be verified by other available documentation.
8. Documents and records of all social security payments, disability payments, and
retirement benefits received during the twelve (12) months prior to the filing of this
action. Your annual statement compiled by the Social security Administration shall
be produced.
9. All loan applications and financial statements prepared or used within the three (3)
years preceding the filing date of this action, whether used for the purpose of
obtaining or attempting to obtain credit for any other purpose.
10. The most recent statement for any liquid fund assets, including, but not limited to,
profit-sharing, 401-K, money market, stock and securities, bonds, accounts,
retirement and pension plan.
11. Corporate, partnership and trust tax returns for the last three (3) tax years, if you
have an interest in a corporation, partnership or trust.
12. All written pre-marital or marital agreements entered into at any time between you
and your spouse, whether before or during the marriage.
13. All court orders directing you to pay or receive spousal or child support, even if
received from or paid to a third party. You must provide proof that the payments
are actually being paid as evidenced by documentation including but not limited
to, payment history from a court clerk, a IV-D agency (as defined in O.C.G.A. §
19-6-31), the Child Support Enforcement Agency's computer data base, the
child support payment history, canceled checks, or other written proof of
payments paid directly by or to the other party.
-14. A summary statement that can be supported by other documents or records in your
possession or control evidencing the following expenses incurred on behalf of your
minor children (for whom support is being determined in this action) during the
twelve (12) months preceding the filing of this action:
a. Child care costs related to your work or employment
b. Private school and extraordinary educational expenses
c. Tutoring and private lessons .
d.. Extracurricular activities
e. Summer and sports camps
Rcquired Domments to be Produced
Fuhon County Family Division
f. Health insurance premium payments (portion for children only) and
extraordinary medical expenses
g. Health care expenses not covered or paid by insurance carrier (including co pays
and deductibles)
h. Your reasonable and necessary travel expenses for exercising parenting
time/visitation time with your children
i. Minor children living in the family household that you have a legal duty to
support (not to include step-children) but are not the children of both parties in
this action.
15. Proof of payment of life insurance premium payments that you pay on your life for
the benefit of the minor children involved in this case.
16. For any business (as defined in the Family Division Domestic Relations Financial
Affidavit) in which you have any interest, produce the documents listed below. If
any documents are not readily available to you, produce such documents as soon as
available and, in any event, within sixty (60) days from the date of filing this action.
a. Complete federal, state and other governmental tax returns of any kind for the
last three (3) years filed by the Business; and
b. Annual balance sheets and profit and loss statements for the most recent three
(3) years and quarterly, monthly and "year-to-date" financial statements for the
current fiscal year, and
c. A statement of current accounts receivable and accounts payable; and
d. A statement of all current loans and payables, if any, you owe to the Business
and all loans or other payables the Business owes to you; and
e. All evaluations or appraisals you have received stating the value of the Business
or your interest in the Business during the last three (3) years.
Required Documents to be Produced
Fulton County Family Division
I AM AWARE THAT ANY FALSE STATEMENT KNOWINGLY MADE WITH THE
INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY FOR
PERJURY AND MAYBE CONSIDERED A FRAUD UPON THE COURT.
I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE
INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND FULL
DISCLOSURE OF MY FINANCIAL CONDITION.
Printed Name
Address
City State Zip
Telephone (area code and number)
Facsimile (area code and number)
STATE OF GEORGIA
COUNTY OF
Sworn to and subscribed before me
on this day of , 20?
NOTARY PUBLIC
(Print, type or stamp commissioned name of notary)
Required Documents to be Produced
Fulton County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, }
and
} Civil Action File No.
)
Respondent. )
CERTIFICATE OF SERVICE OF REQUIRED DOCUMENTS
I CERTIFY THAT THE REQUIRED DOCUMENTS TO BE PRODUCED WERE:
(check one only) mailed, facsimiled and mailed, or hand delivered to the
person(s) listed below on the day of , 200
Party or their attorney if represented:
Name
Address
Telephone No.
Facsimile No.
DATED:
Signature ofparty or attorney, ifparty is
represented by counsel
Printed name
Address
Telephone (area code and number)
Facsimile (area code and number)
Required Documents to be Produced
Fulton County Family Division
IN THE SUPERIOR COURT OF FULTON. COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, -
and
Respondent.
Civil Action File No.
}
)
30-DAY JOINT COMPLIANCE CERTIFICATE
The parties agree and show this Court that they have met the requirements to seek the cancellation of
the 30-Day Status Conference by attaching hereto: 1) a 30-Day Joint Compliance Worksheet; 2) a completed
Domestic Intake Worksheet; 3) a 60-Day Status Conference Order; and 4) two self-addressed, stamped
envelopes, with return address for the 60-Day Status Conference Order to be returned to each counsel (or
party), and, if applicable, a third envelope for the Guardian ad Litem.
Both parties, in compliance with the rules of the Family Division, have exchanged Domestic
Relations Financial Affidavits, Child Support Worksheet and Schedules, Answers to Interrogatories and
all documents listed in the `Required Documents To Be Produced' or agree to exchange the Affidavit, Child
Support Worksheet and Schedules, Answer and Documents by
200_, which is less
than twenty (20) days from the date set for the 30-Day Status Conference in this matter. All further
discovery will be completed by , 200, subject to the statutory duty to supplement discovery
through commencement of trial.
30-Day Joint Compliance Certificate
Fulton County Family Division
Both parties agree that there are no unresolved issues to be heard by the Court at this time.
Signed this day of , 200 Signed this day of , 200.
Signature of Party (or Counsel)
Signature of Party (or Counsel)
30-Day Joint Compliance Certificate
Fulton County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner,
and
51
Respondent.
Civil Action File No.
60-DAY JOINT COMPLIANCE CERTIFICATE
The parties agree and show this Court that they have met the requirements to seek the
cancellation of the 60-Day Status Conference by attaching hereto: 1) a Family Division
Consolidated Scheduling Order; 2) a 120-Day Status Conference Order; and 3) two self-addressed,
stamped envelopes, with return address for the 120-Day Status Conference Order to be returned to
each counsel (or party), and, if applicable, a third envelope for the Guardian ad Litem.
Further, both parties agree that there are no unresolved issues to be heard by the Court at this
time.
Signed this _ day of , 200 . Signed this , day of , 200_.
Signature of Party (or Counsel) Signature of Party (or Counsel)
60 Day Joint Compliance Certificate
Fulton County Family Division
Date:
30 DAY JOINT COMPLIANCE WORKSHEET
CASE STYLE: and
Petitioner Respondent
CASE NUMBER: Filing Date:
Related Case Number: Service Date:
Attorney for Petitioner (or Petitioner, if Pro Se)
(name & address) Attorney for Respondent (or Petitioner, if Pro Se)
(name & address)
TELEPHONE NUMBER: (. ) TELEPHONE NUMBER: ( )
TYPE OF CASE: ? Divorce 0 Legitimation ? Patemity
? Divorce with Children ? Visitation ? Other:
? Custody ? Child Support
? Separate Maintenance? Modification
CASES WITH CHILDREN: No. of Children involved:
Names Gender Date of Birth
ISSUES REGARDING THE CHILDREN:
Petitioner is seeking the fogarrina:
0 Legal Custody: 0Soks or Word
0 Physical Custody: Mole or ?Joint
0 Visitation
0 Child support: ?Dire t or 07brough Child Support Registry
0 Other. Respondent is seeking the fall
awina:
0 Legal Custody: Mole or ?Joint
0 Physical. Custody: Mole or OJoint
0 Visitation
0 Child support: ODirect or 3-Through Child Support Registry
0 Other.
30-Day Joint Compliance workshect
Fulton County Family Division
Have the parties attended the Children of Divorce Seminar? (Check if they have) ? Petitioner ? Respondent
ISSUES INVOLVING DIVORCE:
Date of Marriage:
Date of Separation:
Date of Divorce:
REQUEST FOR SERVICES FOR PARTIES:
? APPOINT Guardian ad Litem OR ? TO BE DETERMINED
? The parties agree to use the following Guardian ad Litem: (name, address, and telephone number of
guardian)
? The parties prefer a Court Appointed Guardian ad Litem.
The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined
? MEDIATION
OR ? TO BE DETERMINED
? The parties agree to use the following private mediator.: (name, address, and telephone number of
mediator)
The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined
? The parties prefer to attend Court Sponsored Mediation
? COOPERATIVE PARENTING
OR ? TO BE DETERMINED
? CHILDREN'S DIVORCE SUPPORT GROUP OR ? TO BE DETERMINED
? PSYCHOLOGICAL EVALUATION OR ? TO BE DETERMINED
? By Dr. of Fulton County Family Division
? By a Doctor chosen by the parties: (name, address, and telephone number of psychologist)
? The Parties each choose a doctor and that doctor then chooses the psychologist.
The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined
? LATE CASE EVALUATION OR ? TO BE DETERMINED
? SUBSTANCE ABUSE TESTING AN/OR COUNSELING OR ? TO BE DETERMINED
The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined
? OTHER
THESE REQUESTS MUST BE COMPLETED BY THE CONCLUSION OF THE 60-DAY STATUS
CONFERENCE, UNLESS FOR GOOD CAUSE SHOWN.
Yulton County Family Division
The primary purpose of this Order is to narrow the issues and to disclose to each side and to
the Court what matters are in dispute and what matters are undisputed, agreed upon or stipulated.
The Court deems that all parties are under a continuing duty to promptly advise the other
party prior to both the late case evaluation and trial if any new theory of liability or defense arises, if
new witnesses or evidence is discovered, or if any statement in the Pre-trial Order is discovered to
be misleading or untrue so as to mislead, deceive or cause surprise to any party or the Court.
I.
ATTORNEY INFORMATION
The following individually-named attorneys are hereby designated as lead counsel for the
parties (include addresses, telephone and facsimile numbers):
Mother:
Father:
Guardian ad Litem:
II.
ISSUES OF JURISDICTION. VENUE OR SERVICE
Any issue of jurisdiction, venue, or service must be set forth in Attachment `A' with
particularity and the alleged fact basis for the same, or it is deemed waived.
Proposed Pm-Trial Order
Fuhm County Fmnily Division
III.
MOTHER'S CONTENTIONS
Mother has prepared Attachment `B' which contains a short and concise statement
explaining her contentions regarding the following issues where appropriate:
A. Divorce/annulment - state the grounds for divorce or annulment;
B. Paternity/legitimation;
C. Child Custody - include with the concise statement the name(s) and age(s) of the
child(ren); list all prior custody orders and/or visitation arrangements; and provide a
proposed custody and visitation schedule;
D. Child Support;
E. Alimony/separate maintenance;
F. Property Division - include proposed division using the attached form;
G. Other.
IV.
FATHER'S CONTENTIONS
Father has prepared Attachment `C' which contains a short and concise statement explaining
his contentions regarding the following issues where appropriate:
A. Divorce/Annuhnent - state the grounds for divorce or annulment;
B. Paternity/legitimation;
C. Child Custody - include with the concise statement the name(s) and age(s) of the
child(ren); list all prior custody orders and/or visitation arrangements; and provide a
proposed custody and visitation schedule;
Proposed Pm-Trial Order
FWton County Family Division
D. Child Support;
E. Alimony/separate maintenance;
F. Property Division - include proposed division using the attached form;
G. Other
V.
FINANCIAL AFFIDAVITS
For actions involving alimony, child support, property division, and attorney's fees, both
parties have prepared and attached hereto Financial Affidavits, Child Support Worksheet and
Schedules pursuant to Uniform Superior Court Rule 24.2 (as modified for Family Division) with
their proposed orders.
VI.
DISCOVERY
All discovery has been completed, unless otherwise noted in Attachment `D', and the Court
will not consider any further motions to compel discovery. Provided there is no resulting delay in
readiness for trial, the parties shall, however, be permitted to take the depositions of any person(s)
for the preservation of evidence and for use at trial.
VII.
MOTIONS
There are no motions or other matters pending for consideration by the court except as
indicated in Attachment `E'. This excludes Motions in Limine which should be presented to the
Court as soon as possible prior to commencement of trial.
Proposed Pre-Trial order
Fulton Coway Family Division
VIII.
LIST OF WITNESSES
Attached hereto as Attachment `F-l' for the Mother and Attachment `F-2' for the Father,
is a list of all the witnesses and their addresses. The list must designate the witnesses whom the
party will have present at trial and those witnesses whom the party may have present at trial. Each
and every witness, even if a factual witness only, who, by reason of training, skill, or experience,
could be qualified at trial to render an expert opinion must be listed as a potential expert witness.
A witness designated by a party as one who will be present can be relied upon by the other
party to be at trial without the necessity of subpoena, unless notice to the contrary is given ten (10)
days prior to trial to allow the other party(s) to subpoena the witness or to obtain testimony by other
means. A party must subpoena or otherwise independently arrange to have witnesses present that
are listed as witnesses that the party may call.
A witness presently known to a party who is not listed by such party, or any other party,
cannot be called to testify at trial without good cause. For example, good cause may be that by the
time of trial such witness was already known by the other party, or that the party has timely notified
the other party of this additional witness. Other examples of good cause may be where such
additional witness has just been discovered or the witness will testify to matters recently brought
into issue before or at trial.
IX.
DOCUMENTARY_ EVIDENCE, EXHIBITS AND RELATED COURT ORDERS
Parties should mark for identification all exhibits she or he presently, in good faith, expects
to introduce at trial. Further, the parties are directed to exhibit and, where possible, furnish a copy
Pro =d Pre-Trial Ordcr
Fulton County Family Division
of such evidence to the opposing party prior to the late case evaluation conference. All such
exhibits shall be made available for review at the late case evaluation.
Attached to each party's proposed Pre-trial Order shall be Attachment `G-1' for Mother
and Attachment `G-2' for Father, each listing exhibits that will be used at trial and briefly
describing each exhibit with sufficient particularity.
Attached to the Consolidated Pre-trial Order shall be Attachment `G-I' for Mother and
Attachment `G-2' for Father, each listing exhibits that will be used at trial by their respective
numbers and briefly describing each exhibit with sufficient particularity so that the opposing party,
after viewing the other party's Attachment and seeing the list, can identify specific exhibits for
purpose of objection. Unless noted, the parties have stipulated as to the authenticity of the
documents listed and the exhibits listed may be admitted without further proof of authenticity.
If either party discovers or determines that an exhibit(s) will be tendered at trial which is not
listed on their Attachment, then he or she must furnish a copy of the exhibit(s) or notify the
opposing party of this matter as soon as practical and no later than prior to the pre-trial hearing. Do
not attach the documents or copies of the documents to this Order.
A copy of the Final Judgment and Decree of Divorce, if applicable, and any other temporary
or permanent orders relating to the issues of this case shall be attached to this Order.
X.
PECULIAR PROBLEMS OR CONTINGENCIES REGARDING THIS CASE
Each party has set forth any problems or contingencies regarding this case in Attachment H'.
Proposed Pre-Trial Order
Fulton County Family Division
XI.
BRIEF OF AUTHORITIES AND EVIDENTIARY PROBLEMS
Each party has requested to set forth any evidentiary problems known or foreseen by them at
this time. When desired, they may also submit case authority in support of, or in opposition to, such
evidence if tendered at trial.
All statutes, ordinances and regulations relied. upon by either party shall be set forth in
attachment `I-I' for Mother and Attachment `I-2' for Father. The parties may submit any trial briefs
they so desire.
XII.
EXPECTED TRIAL LENGTH
Mother: Father.
ANSWER THE FOLLOWING IN THE EVENT EITHER PARTY HAS FILED A JURY
DEMAND:
XIII.
QUALIFICATION OF JURY
Attached hereto as Attachment `J' and made a part of this order by reference are the
questions which the parties request that the Court propound to the jurors concerning their legal
qualifications to serve and associations that parties and counsel have that may create a conflict of
interest.
Proposed Pre-Trial Order
Fulton County Family Division
XIIV.
REQUEST TO CHAR.GEIVERDICT FORM
Requests to charge must be submitted at the time the case is called for trial. Requests which are not
timely filed will not be considered except as permitted by the Court. Parties are directed to refer to
the latest edition of the Council of Superior Court Judges of Georgia, Suggested Pattern Jury
Instructions: Civil Cases, 3rd ed., Vol. 1, in preparing the requests to charge. Those charges will
generally be given by the Court where applicable. Further, parties are cautioned that they need
to submit charges peculiar and particularly tailored to the case because the Court will use such
charges to flesh out the standard charges.
Parties also are directed to submit proposed verdict forms at the time the case is called for
trial.
It is hereby ORDERED that the foregoing, including the attachments thereto, shall constitute
the Pre-trial Order in the above case and supersede the pleadings which are hereby amended to
conform hereto, and this Pre-trial Order shall not be amended except by mutual consent or by order
of the Court to prevent manifest injustice.
This day of , 200.
LNAM , JUDGE
FULTON' COUNTY SUPERIOR COURT/FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
Each party hereby consents to entry of the foregoing Pre-trial Order, which has been
prepared in accordance with the form Pre-trial Order adopted by this Court.
MOTHER FATHER
Proposed Pre-Trial Order
Fulton County Family Division
SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, CIVIL ACTION
and FILE NO.
Respondent.
CHILD SUPPORT ADDENDUM
? The parties have agreed to the terms of this Order and this information has been furnished
by both parties to meet the requirements of OCGA § 19-6-15. The parties agree on the terms
of the Order and affirm the accuracy of the information provided, as shown by their
signatures at the end of this addendum.
D This addendum includes findings of fact and conclusions of law and fact made by the Court,
in compliance with OCGA §19-6-15.
Application of Child Support Guidelines. The statutory requirements of OCGA §19-6-15
have been applied in reaching the amount of child support provided under the Final Order in this
action. The specifics are as follows:
1. Gross Income - The Father's gross monthly income (before taxes) is $ ; the
Mother's gross monthly income is $ (before taxes).
2. Number of Children _ The number of children for whom support is being provided under
this order is
3. Attachments - The Child Support Worksheet and Schedule E are attached and made a part of
this Addendum, along with any other applicable schedules.
4. Child Support Amount - The shall pay to the , for the
support of the minor children, the sum of
Dollars ($ ) per month, beginning on , 20
5. Duration of Child Support
[You must check & complete only one of the foflowing paragraphs.]
O (a) Beyond Age 18 for high School - The child support shall continue monthly thereafter
until each child reaches the age of eighteen, dies, marries, or otherwise becomes emanci ated•
provided a ' nro man attending secondary
school on a full-time basis, then the child support shall continue for the child through the
Child Support Addendum
Fulton County Family Division
month when the child has graduated from secondary school or through the month when the
child reaches twenty years of age, whichever occurs first.
D (b) Stops at Age 18 - The child support shall continue monthly thereafter until each
child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated.
? (c) Until Further Order - This is not a final order, so the child support shall continue
until fiuther order of this Court.
Cl (d) Until Specific Date The child support shall continue monthly thereafter until
6. Deviation from Presumptive Amount
[You must check & complete only one of the following paragraphs.]
? (a) No Deviation - It has been determined that none of the Deviations allowed under
OCGA §19-6-15 applies in this case, as shown by the attached Schedule E. The amount of
support in Paragraph 4 above is the Presumptive Amount of Child Support shown on the
attached Child Support Worksheet.
? (b) Deviation - It has been determined that one or more of the Deviations allowed under
OCGA §19-6-1.5 applies in this case, as shown by the attached Schedule E. The
Presumptive Amount of Child Support that would have been required under OCGA § 19-6-
15 if the deviations had not been applied is $ per month, as shown on the
attached Child Support Worksheet. The attached Schedule E explains the reasons. for the
deviation, how the application of the guidelines would be unjust or inappropriate
considering the relative ability of each parent to provide support, and how the best interest
of the children who are subject to this child support determination is served by deviation
from the presumptive amount of child support.
7. Split Parenting - A split parenting situation occurs when the parents have two or more
children together, where at least one of the children spends more than 50% of the time with
one parent, and at least one of the children spends more than 50% of the time with the other
parent.
[You must check & complete only one of the following paragraphs.]
? (a) Not Split Parenting Case - This case does not involve Split Parenting.
? (b) Split Parenting Case - This is a Split Parenting case. Separate Child Support
Worksheets have been filed for the children living with the Mother and for the children
living with the Father, and a Child Support Order Addendum has been entered in this action
for each parent. At this time, the Mother is obligated to pay the sum of $___.. per
month to the Father, and the Father is obligated to pay the sum of $ per
month to the Mother.
[If you checked (b) above, you must check & complete. only one of thefollowing sub. paragraphs.]
D (1) Net Payment - For so long as these amounts remain in effect, the
shall pay only the difference between the two amounts (which is $ ) to the
Child Support Addendum
Fulton County Family Division
. who shall not be required to pay the child support obligation to
the other parent.
8.
0 (2) Zero Payment - The parents' child. support obligations are equal. For so long as
the amounts remain equal, neither parent shall pay any child support payment to the other
parent.
0 (3) Full Payment From Each - Each parent shall pay the full amount of his or her
child support obligation to the other.
Health, Dental & Vision Insurance for Children
[You must check & complete all parts of only one of the following paragraphs, (a) or (b).J
0 (a) Insurance Available - The following insurance for the children involved in this
action is available at a reasonable cost to the through that
parent's employer or the PeachCare program:
0 Health (medical, mental health and hospitalization) 0 Dental 0 Vision.
So long as it remains available to that parent, the shall maintain the
types of insurance checked above for the benefit of the minor children, until each child
reaches the age of eighteen, dies, marries, or otherwise becomes emancipated; except that if
a child becomes eighteen years old while enrolled in and attending secondary school on a
full-time basis, then the insurance shall be continued for the child until the month when the
child has graduated from secondary school or through the month the child reaches twenty
years of age, whichever occurs first.
(1) The parent who maintains the insurance shall provide the other parent with an
insurance identification card or such other acceptable proof of insurance coverage
and shall cooperate with the other parent in submitting claims under the policy.
(2) All money received by one of the parties for claims processed under the
insurance policy shall be paid within five (5) days after the party receives the money,
to the other party (if that other party paid the applicable health care service provider)
or to the applicable health care provider (if the provider has not been paid by one of
the parties).
9.
0 (b) Insurance Not Available - Insurance (other than Medicaid) is not available at this
time to either party at a reasonable cost. If health insurance for the children later becomes
available to the parent who is required to pay child support for these children, then that
parent must obtain the following types of insurance, unless it is then being provided by the
other parent:
D Health (medical, mental health and hospitalization) 0 Dental D Vision.
When insurance has been obtained by either party, Paragraphs 8 (a)(1) and (2) shall apply.
Uninsured Health Care Expenses - The shall pay %
and the shall pay % of all expenses incurred for the
Child Support Addendum
Fulton County Family Division
children's health care (including medical, dental, mental health, hospital and vision care)
that .are not covered by insurance. The party who incurs a health care expense for one of the
children shall provide verification of the amount to the other party. That other party shall
reimburse the incurring party (or pay the health care provider directly) for the appropriate
percentage of the expense, within fifteen (15) days after receiving the verification of a
particular health care expense.
10. Parenting Time Amounts - The approximate number of days of parenting time per year
according to the visitation order is days for the Father and days for the Mother.
11. Social Security Benefits
[You must check & complete only one of the following paragraphs.]
? (a) Not Received - The children do not receive Title II Social Security benefits under
the account of the parent ordered to pay child support.
? (b) Received - The children receive Title II Social Security benefits under the account of
the parent ordered to pay child support. The benefits received by the children shall be
counted as child support payments, and shall be applied against the final child support order
to be paid by that parent.
(1) If the amount of benefits received is less than the amount of support ordered, the
obligor shall pay the amount exceeding the Social Security benefit.
(2) If the amount of benefits received is equal to or more than the amount of
support ordered, the obligor's responsibility is met and no further support shall be
paid.
(3) Any Title II benefits received for the children's benefit shall be retained by the
custodial parent or nonparent custodian for the children's benefit, and it shall not be
used as a reason for decreasing the final child support order or reducing arrearages.
12. Modification
[You must check & complete only one of the following paragraphs.]
? (a) Not Modification Action - This is an initial determination of child support, not a
modification action.
0 (b) Support Not Modified - This action is a modification action, but the order does not
modify the amount of child support that was previously ordered for these children The date
of the initial support order concerning this child support case was:
? (c) Support Amount Modified - The Order modifies the amount of child support that
was previously ordered for these children.. The basis for the modification is:
? (1) Substantial change in the income and financial status of the Father;
? (2) Substantial change in the income and financial status of the Mother,
0 (3) Substantial change in the needs of the Children;
? (4) The noncustodial parent failed to exercise visitation provided under the prior
order; .
? (5) The noncustodial parent has exercised more visitation than was provided in
the prior order.
The date of the initial support Order concerning this child support case was:
Child Support Addendum
Fulton County Family Division
1 3. Continuing Garnishment for Child Support - Whenever, in violation of the terms of the
order, there shall have. been a failure to make the support payments, so that the amount
unpaid is equal to or greater than the amount payable for one month, the payments required
to be made may also be collected by the process of continuing garnishment for support.
14. Income Deduction Order
[You must check & complete only one of the following paragraphs: (a), (b) or (c).]
? (a) An Income Deduction Order shall be entered by the Court, under OCGA § 19-6-32,
for payment of the child support and alimony (if any) provided. The Income Deduction
Order shall take effect:
[To finish (a), you must check either (1) or (2). Do not check both.]
? (1) immediately upon entry by the Court.
? (2) upon accrual of a delinquency equal to one month's support. The Income
Deduction Order may be enforced by serving a "Notice of Delinquency," as
provided in OCGA § 19-6-32 (f).
? (b) The parties agree that an Income Deduction Order is not immediately necessary-
0 (c) The Court finds that there is good cause not to require income deduction, having
determined that income deduction will not serve the children's best interests and that there
has been sufficient proof of timely payment of any previously ordered support.
Parties' Consent (if applicable) - We knowingly and voluntarily agree on the terms of this Order.
Each of us affirms that the information we have provided in this Addendum is true and correct.
Father's Signature Mother's Signature
Child Support Addendum
Fuhon County Family Division
ORDER
The Covet has reviewed the foregoing Child Support Addendum, and it is hereby
made the Order of this Court.
This Order entered on -- - , 20_.
JUDGE
SUPERIOR COURT OF FULTON COUNTY
ATLANTA JUDICIAL CIRCUIT
Child Support Addendum
Fulton County Family Division
10
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GLORGIA
FANIILY DIVISION
Petitioner, )
CIVIL ACTION FILE
and } NO.
)
Respondent. }
FINAL AGREEMENT
The parties have agreed to the following terms on a full and final basis and agree to abide by such
terms. Further, the parties request that this Court incorporate their terms of agreement into a Final Judgment
and Decree of Divorce. The terms of the final agreement are as follows:
Custody:
Legal
Physical
Visitation:
Child Support (Also see Child Support Computation Addendum to Final Order):
Children's Medical Coverage:
Income Premiums
Uncovered Expenses
Life Insurance:
College.
Final Agreement
Fulton County Family Division
+Post-Secondary School Expenses:
Alimony:
Possession of Marital Nome:
Possession of Other Real Properr :
Possession of Motor Vehicles:
Equitable Division of Other Marital Assets. Including All Liquid Assets:
Debt Payment Responsibilities:
Attorney's Fees:
Other.
Signed this . day of
MOTHER
200. Signed this day of , 200_.
FATHER
D AMEl , JUDGE
FULTON COUNTY SUPERIOR COURT/ FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
Final Agreement
Fulton County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
Petitioner,
and
Respondent.
FAMILY DIVISION
Civil Action File No.
SCHEDULING ORDER
The parties, having appeared in person at the (_-Day Status Conference) (Temporary
Hearing) on 200_, are hereby ORDERED to adhere to the following
schedule:
1. All further discovery shall be completed by , 200_, subject to the
statutory duty to supplement discovery through commencement of trial.
,
2. (a) The parties' depositions shall be completed no later than
200
(b) All other depositions, except by agreement of counsel or for trial
preparation, shall be completed no later than , 200 .
3. The parties shall attend mediation no later than 7200-.
4. The parties (and, if applicable their children) shall meet with for
psychological/child custody evaluation. The expense will be paid by
5. The parties shall meet and be evaluated by a Guardian ad Litem, to be appointed by
the Court or by , who has been selected by the parties. The
expense will be paid by
6. The parties and their counsel shall appear in Courtroom on _
200__, at a.m./p.m. for the -Day Status Conference.
Scheduling Order
Fulton Canty Family Division
Continue, where applicable:
7. The parties shall attend Late Case Evaluation with , no later
than 200. The expense, if any, will be paid by
8. This case shall be placed on the trial calendar,
commencing at a.m./p.m.
9. The parties shall attend and complete Cooperative Parenting Classes with
no later than , 200_.
10. shall attend counseling, to be
completed by , 200-.
11. Other:
SO ORDERED this day of , 200.
[NAME1 , JUDGE
FULTON COUNTY SUPERIOR COURT
FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
Scheduling Oran
Fulton County Faznity Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner,
and
Respondent.
Civil Action File No.
}
}
CONSOLIDATED SCHEDULING ORDER
The parties, having agreed upon the terms and provisions as set forth below, and by so
doing, laving agreed upon all issues for discussion and determination at the 60-Day Status
Conference, and such agreement having been reviewed by this Court, it is hereby ORDERED that
the parties adhere to the following schedule:
1. All further discovery shall be completed by , 200. Specific
or unique issues or discovery procedures are to be addressed and completed as
follows:
2. (a) (Only if different from prior Scheduling Order) The parties' depositions shall be
completed no later than , 200.
(b) (Only if different from prior Scheduling Order) All other depositions, except by
agreement of counsel or for preparation for trial, shall be completed no later than
,200-.
3. (Only if different from prior Scheduling Order) The parties shall attend mediation no
later than 7200-.
4. Psychological/Custody Evaluation to be completed no later than
200. Specific or unique issues are to be addressed and completed as follows:
5. Guardian ad Litem report to be completed no later than , 200
Specific or unique issues are to be addressed and completed as follows:
Consolidated Scheduling Order
Fulton County Family Division
6. Other:
The major remaining disputed issues are as follows:
The parties shall make the following efforts in an attempt to resolve the remaining disputed
issues listed above:
The parties agree a Late Case Evaluation (will be) / (will not be) helpful in facilitating
settlement of the case.
(If applicable), the parties shall attend Late Case Evaluation with , to
be completed no later than , 200. (If applicable and not filled in,, to be
completed by the Court.)
This case shall be placed on the trial calendar, commencing at
a.mJp.m. (To be completed by the Court.)
SO ORDERED this day of , 200.
[NAME) - JUDGE
FULTON COUNTY SUPERIOR COURT
FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
Consolidated Scheduling Order
Fulton Comity Family Division
A
v
STATE OF GEORGIA
Report of Divorce, Annulment or Dissolution of Marriage
Type or print all information
1. CM Action Number 2. Date Decree Granted (mo., day, year) 3. County Decree Granted
4. Wile's Name (*sk middle, lam) & Maiden (Birth) Last Name 6. Date of Birth (me., day, year)
7. County of Residence & Number of 11& Marriage (1". 2", etc.)
9. BuabseWs Name (ffrsy middle, last, generation) 10. Date of Birth (mo., day, year) 11. County of ReaWenee
12. Number of T16 Marrioge (12% , etc.) 13. Date of T16 Ma riage (me,, day, year)
14. *edfy Grounds For Diverse (19L5 3, OCGA) 15. Number of QiOdren Las Than 18 ARedcd by IU Decree
Thin above Report may be reproduced by use of a computer. However, the finished Report must be a close
reproduction of the original, and prior review and appnPPA most be obtained 5nm the SWe Registrar before use.
(31-10-7, O.C.GA.)
31-10-22. Record of divorce, dissolutions, and annulments.
(a) A record of each divorce, dissolution of marriage, or
annulment granted by any court of competent jurisdiction in this
state shall be filed by the clerk of the court with the department
and shall be registered if it has been completed and filed in
accordance with this code section. The record shall be prepared by
the petitioner or the petitioner's legal representative on a form
prescribed and furnished by the state registrar and shall be
presented to the clerk of the court with the petition. In all
cases, the completed record shall be a prerequisite to the
granting of the final decree.
(b) The clerk of the superior court shall complete and forward to
the department on or before the tenth day of each calendar month
the records of each divorce, dissolution of marriage, or annulment
decree granted during the preceding calendar month.
Form 3907 (Rev. 10-2002)
COMMUNITY RESOURCES
for additional resources go to: www.unitedwayatianta.org
Services Children
Georgia Center for Children ............................................Fulton Co. (678) 904-2880 / DeKalb Co. (404) 377-4060
Georgia Council on Child Abuse ............................................................................(800) 532-3208 / (404) 870-6565
......................................................................................................
Child Psychiatry ........................... (404) 616-2215
Services for Families and Individuals
A-Plus (Supervised Visitations by Court Order Only) ............ .......... ................................................. (770) 45811574
Adult Protective Family Services ................... ............................................................................... (404) 657-8000
Advantage Counseling Service ........................................................................................................... (770) 471-0033
AID Atlanta Administration ....................................................................................(404) 870-7700 / (404) 872-0600
AID Atlanta Hotline ....................................................................(800) 590-2437 / (800) 551-2728 / (404) 876-9944
Alcoholics Anonymous ...................................................... :............................................................... . (404) 525 3178
Center for Counseling Services .......................................................................................................... (770) 3945447
Cooperative Parenting Institute .......................................................................................................... (404) 315-7474
Counseling and Educational Services ................................................................................................. (404) 373-8034
Crime Victims Advocacy Council ...................................................................................................... (770) 333-9254
Criminal Justice Coordinating Council (Victims' Compensation Fund) ............................................ (404) 559-4949
Compassionate Friends (Grief Support) ............................................................................................. (770) 491-8784
Department of Family and Children Services .................................................................................... (404) 657-8000
Families First (Counseling, Supervised Visitation, Parenting Classes, etc.) ...................................... (404) 853-2800
Fathers' Resource Center .................................................................................................................... (404) 753-6040
Fulton County Alcohol and Drug Treatment ...................................................................................... (404) 752-8766
Fulton County Health Departinent..................................... ................................................................. (404) 730-1211
Fulton County Mental Health ............................................................................................................. (404) 730-1600
Grady Rape Crisis Center ................................................................................................................... (404) 616-4861
High Impact (Anger Management) ..................................................................................................... (404) 523-6074
Integrated Counseling Services, Inc .................................................................................................. (404) 377-5556
The LINK Family Counseling Center ..................... Sandy Springs (404) 256-9797 / Cobb County (770) 541-1114
Mothers Against Drunk Driving ......................................................................................................... (404) 223-3331
Odyssey Family Counseling Center ....................... Fulton County (404) 669-3462 / Henry County (770) 957-6256
Partnership Against Domestic Violence ............................................................................................. (404) 873-1766
Rape Abuse Incest National Network .................................................................................. 1-800-65 6-HOPE (4673)
St. Jude's Family Preservation Group ................................................................................................ (404) 8742224
St. Jude's Recovery Center (Substance Abuse) .................................................................................. (404) 249-6272
Tangu, Inc. (Counseling for adults, youth and families) .................................................................... (404) 523-4599
Victim Witness Assistance Program (Fulton County DA's Office) ...................................... (404) 730-4986 / 4983
Victim Witness Assistance Program (Fulton County Solicitor's Office) ........................................... (404) 730-6883
Victim Witness Assistance Program (City of Atlanta Municipal Court) ................................. (404) 865-8100./ 8127
Paternity Testing
American Red Cross ........................................................................................................................... (404) 253-5448
DNA Diagnostics Center ...................................................................................................................1-800-613-5768
Laboratory Corporation of America .................................................................................................. 1-800-621-8037
Paternity Testing Corporation .................................................... ........................................................ 1-888-837-8323
Substance Abuse Treatment
Counseling and Educational Service ...................................................................................... .... (404) 373-8034
Integrated Counseling Services Inc. .. (404) 377-5556
St. Jude's Recovery Center, Inc ......................................................................................................... (404) 249-6272
Support Groups
Center for Counseling Services ...................................................................................... .. (770) 3945447
..................
Roswell United Methodist Church: Support Group Ministries ........................................................... (770) 261-1767
Last printed 6122/2007 3:22:00 PM
o
4
Z
0
Ebonee Sessomes : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
Darren Curry Jr.
Defendant NO. 09-,5-/,,4 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Ebonee Sessomes, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Respect lly submitted,
Date 01 d3 0 _-GtX 111 (t/
rudi M. Kirby
Cert' ied Legal Intern
ROBER E. RAINS 1,4
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
? Y?
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fir: t„`?
?:
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Ebonee Sessomes,
Plaintiff/ Petitioner
V.
Darren Curry Jr.,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
IN CUSTODY
:No. 09- S- 7 CIVIL TERM
PETITION FOR SPECIAL RELIEF SEEKING THAT THIS COURT
COMMUNICATE WITH THE SUPERIOR COURT OF FULTON COUNTY
GEORGIA, PURSUANT TO THE UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT, REQUESTING THAT COURT
TO STAY OR DISMISS A CUSTODY PROCEEDING INVOLVING THE CHILD
DARREN CURRY III OVER WHOM THAT COURT LACKS SUBJECT
MATTER JURISDICTION AND ENTER AN ORDER OF EMERGENCY
CUSTODY PURSUANT TO PA R.C.P. 1915.13
AND NOW, this- day of February, 2009, pursuant to Rule 1915.13 of the
Pennsylvania Rules of Civil Procedure, comes the Petitioner, Ebonee Sessomes, by her
attorneys, the Family Law Clinic, seeking that this Court communicate with the Superior
Court of Fulton County Georgia, pursuant to § 110 of the Uniform Child Custody
Jurisdiction and Enforcement Act, requesting that court to stay or dismiss a custody
proceeding involving the child, Darren Curry III, over whom that court lacks Subject'.
Matter Jurisdiction, and enter an order of emergency custody of the minor child, Darren
Curry III, born January 23, 2004. In support of her Petition for Emergency Relief,
Petitioner avers the following:
1. The petitioner is Ebonee Sessomes, an adult individual, who resides at 1350
Grandview Court, Carlisle, in Cumberland County, Pennsylvania 17013.
2. The respondent is Darren Curry Jr., an adult individual, who is believed to reside
at 110 Hembre Forest Circle, Roswell, in Fulton County, Georgia, 30076.
3. The petitioner is the biological mother (hereinafter "Mother") of the five year-old
minor child, Darren Curry III, born January 23, 2004 (hereinafter "Child").
4. The respondent is the biological father (hereinafter "Father") of Child.
5. Child was born out of wedlock.
6. Mother has been the primary caretaker of Child since his birth.
7. Child has resided in Pennsylvania from November 2007 until the end of August
2008.
8. In late August 2008, the parties agreed to an informal custody arrangement such
that Father would have Child with him in Roswell, Georgia from September
2008- December 2008, when he would return Child to Mother in Carlisle,
Pennsylvania, in time for Christmas.
a. Child was enrolled in KinderCare in Carlisle Pennsylvania from July 9,
2008- August 28, 2008 as documented by a statement from KinderCare,
which is attached hereto as Plaintiff s exhibit 1 and incorporated herein by
reference.
9. Father did not return Child to Mother in December, 2008, as they originally
agreed.
10. On December 27, 2008, Mother telephoned Father to inform him that Mother
intended to go to Roswell to get Child when she bought a vehicle.
11. Father agreed that Mother would get Child if she went to Roswell.
12. Mother telephoned Father on December 28, 2008 and informed Father that she
would come down to Roswell, Georgia on December 31, 2008 to get child.
13. Father told Mother that he would not return Child to her.
14. Father and Mother engaged in several telephone communications where Father
would tell Mother to come to Roswell, Georgia to get Child.
a. Father texted Mother on January 3, 2009 telling her she could get Child.
b. Father and Mother agreed that Mother would go to Roswell, Georgia to
get child on January 12, 2009.
c. Father told Mother on January 15, 2009 that she could not get Child.
15. On January 16, 2009, Father told Mother that she could not have Child. Father
told Mother that she should get ready to go to court on February 11, 2009. Father
also told Mother that she would be getting papers in the mail.
16. On January 9, 2009, Father filed a petition to the Superior Court of Fulton
County, Georgia for custody of Child. Father's Petition is defective on its face as
it demonstrates that Georgia lacks Subject Matter Jurisdiction. Father avers that
Child lived in Georgia since August 2008. Even if this were true, Child would not
have lived in Georgia the requisite six months prior to filing to make Georgia his
home state per § 201(a)(1) of the Uniform Child Custody Jurisdiction and
Enforcement Act, 23 Pa. C.S. § 5241(a)(1) of the Pennsylvania Domestic
Relations Code.
a. A true and correct copy of Father's Georgia Custody action for Darren
Curry III is appended hereto as Plaintiff s exhibit 2 and incorporated
herein by reference.
17. The Superior Court of Fulton County, Georgia has scheduled a hearing on the
matter for February 11, 2009.
18. The Superior Court of Fulton County Georgia is without proper Subject Matter
Jurisdiction to hear this matter because Child has not lived in Georgia the
requisite six months prior Father's filing to make Georgia his home state per §
201(a)(1) of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa.
C. S. § 5241(a)(1) of the Pennsylvania Domestic Relations Code, and his absence
from Pennsylvania was only intended by the parties to be temporary.
a. Child has only been with Father in Roswell, Fulton County, Georgia from
September 2, 2008 to the present.
b. Father's own Petition in the Superior Court of Fulton County Georgia'.
alleges only four months of residency for Child in Georgia.
c. Child lived with Mother and Child's two sisters and brother in
Pennsylvania from December 2007 - September 1, 2008.
19. Mother will be placed at extreme hardship to the detriment of herself and all four
of her young children if she is required to participate in the Georgia proceedings.
She is indigent and works only part-time in Carlisle. She would have to take time
off work, arrange child care, and travel to Georgia.
20. Father filed the Petition in Georgia on January 9, 2009. Mother was served on
January 26, 2009. The Superior Court of Fulton County, Georgia requires that
Mother attend and complete the "Families in Transition" seminar before the date
of a hearing on February 11, 2009. This requirement is unreasonable and unfair to
Mother especially because that court lacks Subject Matter Jurisdiction over this
matter.
21. Mother may request that the Superior Court of Fulton County, Georgia allow her
to participate in the proceeding by phone, but there is no guarantee that Mother's
request will be granted, nor will it alleviate the requirement that Mother attend the
"Families in Transition" seminar.
22. Mother is filing a Complaint for Custody contemporaneously with this Petition
for Special Relief.
23. Mother believes and therefore avers that it is in the best interests of Child that
Mother be granted shared legal and temporary primary physical custody of Child,
pending further Order of Court because:
a. Mother has been Child's primary caregiver.
b. Child has two sisters and a brother from whom, up until September 2,
2008, Child had never been separated; Child's current separation was
intended to end prior to Christmas, in December, 2008.
24. No judge is yet assigned to this case.
25. Mother is unaware of any opposing counsel, so no concurrence is sought,
pursuant to local Pa.R.C.P. 208.2(d).
WHEREFORE, the petitioner, Ebonee Sessomes, respectfully requests that this
Honorable Court:
1. Pursuant to § 110 of the Uniform Child Custody Jurisdiction and
Enforcement Act, 23 Pa. C.S. § 5410 of the Pennsylvania Domestic
Relations Code:
a) Communicate with the Superior Court of Fulton County, Georgia
to resolve Subject Matter Jurisdiction of Darren Curry III,
b) Ask the Superior Court of Fulton County, Georgia to stay or
dismiss the proceeding in that court.
2. Restore the status quo ante by entering an order granting Mother shared
legal and temporary primary physical custody of Child,
3. Order Father to immediately return Child to Mother at his own expense
and,
4. Schedule this matter for hearing or conciliation.
Date Respectfully submitted,
02[D_;1 01
rudiAnn M. Kirby
Certified Legal Intern
ROBER E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
MEGAN RIESMEYER
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief are
true and correct, to the best of my knowledge, information and belief. I understand
making any false statement would subject me to the penalties of 18 Pa.C.S. §4904,
relating to unsworn falsification to authorities.
Date:
Ebonee Sessomes, Pe itioner
K inderCare,
LEARNING CENTERS
14 Brookwood Avenue
Carlisle, PA 17013
To Whom It May Concern:
This letter is to inform you that barren Curry was enrolled here at
KinderCare from July 9, 2008 to August 28, 2008.
If you have any further questions please contact our center at
(717)249-0881.
Thank you,
Nicole Nace
Ir
Exhlbit f 1
r
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Civil Action File No. 2009CV162702
DARREN 0 CURRY JR vs. EBONEE M SESSOMES
NOTICE TO ATTEND 30-DAY STATUS CONFERENCE
THIS IS AN IMPORTANT COURT NOTICE THAT AFFECTS YOUR RIGHTS. READ
THIS NOTICE CAREFULLY. IF YOU DO NOT UNDERSTAND THIS NOTICE,
CONTACT AN ATTORNEY FOR LEGAL ADVICE.
DATE AND TIME OF 30-DAY STATUS CONFERENCE:
02/11/2009 at 03:00pm
BEFORE THE HONORABLE CYNTHIA D. WRIGHT, JUDGE
PLACE OF CONFERENCE: Fulton County Superior Court
Justice Center Tower
185 Central Avenue, SW
Courtroom 8D
Atlanta, Georgia 30303
This conference has been set for a specific time so as not to inconvenience the parties.
Please be on time. Failure to appear at the appointed time could result in the dismissal of
your case.
YOU ARE HEREBY NOTIFIED THAT:
1. In contested cases, all parties, and their attorneys, if they are
represented by counsel, shall appear at the time and place
designated above for a 30-Day Status Conference.
2. In uncontested cases in which an Admowledgment of Service form, Consent to Trial
in 31 Days form, Child Support Worksheets (if applicable), and a Settlement Agreement
(if applicable), Parent Plan (if applicable), have been filed with the Court, all
petitioners, and their attorneys, if they are represented by
counsel, shallappear at the time and place designated above for a
30-Day Status Conference, and they may receive the Final Judgment
and Decree at that time.
3. Parties and counsel must read and comply with this Notice and
the Automatic Domestic Standing Order. Additionally, if the case is
contested, each party must read the attached information about the
30-Day Conference, and must complete and bring to the 30-Day
Conference the Financial Affidavit, Child Support Worksheet and
Schedules, Answers to Interrogatories, and all requested
documents pursuant to the Required Documents To Be Produced form.
FURTHER NOTICE that in the absence of good cause shown, failure
to appear at and participate in good faith in the 30 Day Status
Conference could result in the entry of a final judgment if the
case is ripe for judgment, or imposition of sanctions or
penalties provided by statute, rule, or authority of the Court,
including: 1)a finding of contempt by the Court; 2)taxation of
costs or attorney's fees; 3)dismissal of the case; and/or -
4) imposition of monetary or ;other sanctions. Any party represented by
an attorney will be considered as a "failure' to appear" if the attorney does not appear at
the 30-Day Status Conference.
This the 9th day of January, 2009 .
CASE MANAGER:KATHY WEITZEL
TELEPHONE # 404730-4188
FAX # 404335-2883
"COURT PERSONNEL CAN NOT GIVE LEGAL ADVICE"
Child Support Worksheets are at
https:llservices.georgia.govldkrlcspp/dolpubliclSupportCalc. The Automatic Domestic
Standing Order, Domestic Relations Initiation Packet, Domestic Intake Worksheet, Families in
Transition Information, Parenting Plan, and other forms listed below, can be obtained from the
Family Division at 4041224-0505 OR the Family Law Information Center at 4041335-2789
OR at www.fultonfamilydivision.com.
CONCISE INFORMATION ABOUT THE 30-DAY CONFERENCES
Complete and more comprehensive information about the 30-Day Conference and later
proceedings can be found in the Domestic Relations Initiation Packet.
1. Postponing or Rescheduling the Conference: A conference will only be
postponed and rescheduled for specific reasons. Direct your
request for postponement, as soon as possible, to the Judges'
case manager.
2. "Families in Transition" Seminar: If your legal action involves minor
children, you must attend and complete the "Families in
Transition" Seminar before the 30-Day Status Conference.
3. What will happen at the 30 Day Status Conference? The Judicial officer
will meet with both parties about the case, including the areas
on which the parties agree and disagree, future court procedures,
and by when they must be done. Mediation may be offered at the
Conference. Temporary issues of support and child custody not
agreed upon by parties by the conclusion of the Conference may be
scheduled for a Temporary Hearing to occur on the day of the
Conference or on a date soon thereafter. If the parties agree on
all issues, the Judicial officer will confirm the agreement and
convene or schedule a final hearing; otherwise, a 60-Day Status
Conference will be scheduled. Please be advised that without prior, written
notice objecting otherwise, Judicial Officers are empowered and able to make binding
decisions at Status Conferences.
4. What to Bring to The 30-Day Scheduling Conference: Be prepared. Bring
the completed Domestic Intake Worksheet and, if applicable, the
completed Child Support Workssheets, Parenting Plan, Domestic
Relations Financial Affidavit, Answers to Interrogatories and the
documents in response to Required Documents To Be Produced.
5. Communication: No party or attorney can speak with the
conference,officer or Judge about substantive matters unless the
other party or attorneys are present. If parties write to the
conference officer, Judge or case manager, they must also send a
copy to the other party, and indicate on the document that this
has been done.
IN THE SUPERIOR,COURT OF FULTON COUNTY
rrAA STATE OF GEORGIA
FAMILY DIVISION
Petitioner:
-Zo
Civil Action File No: 0
and
Respondent:
Judge's:
-19,
PETITION FOR LEGITIMATION, CUSTODY AND/ OR VISITATION
The Petition of j e ro (7)k%-AN ck4b C I-P,4 ?. -?K mspectfully shows to the Court the
following facts:
1. Petitioner shows that he is a resident o +-? County, Georgia and that he is
child(ren) bom out of wedlock with the following names and birth dates:' V ry?
Full Name Male/Femae Birth Date
L. aR t2 C-)R',,, ?-daL?. t I?3 10., ^
2, (Choose A or B.)
A) The Respondent/Mother of said child(ren), is a resident
1 of County, Georgia, and is subject to the jurisdiction of this Court.
(Choose one)
?)The Respondent/Mother maybe personally served at her residence of l ? ACS
r-3s?Ay.7W4tEw (1..-r ARtik r -A>A t-4013
OR
? 2) The Respondent/Mother has signed an Acknowledgment of Service form. The signed
and notarized form is attached as Exhibit
OR
O 3) The Respondent/Mother resides in a different County/State from the Petitioner, but has
"
waived venue4urisdiction. The signed and notarized form is attached as Exhibit"
0 B) The whereabouts of the mother are unknown and she must be served by publication as is
provided by law in such situations. An Affidavit of Diligent Search is attached hereto as
Exhibit
Detilinn fnr 1 enkim* inn ('I minrlu =FA %leiWinn
s?
3. Choose one.
? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said
child(ren) and to the physical and legal custody being awarded to Plaintiff. Her consent is
attached hereto as Exhibit "
OR
? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said
child(ren) and to visitation by the Plaintiff.
OR
? The Respondent/Mother of said child(ren) is deceased, having died on . A copy
of her death certificate is attached hereto as Exhibit
OR
? There is no other legal parent of this child(ren), and the child(ren) has/have no legal guardian.
OR
? None of the above.
4. Petitioner desires that the surname of said child(ren) be changed to , that
said child(ren)'s name(s) be changed on the birth record of the child(ren), and that Petitioner's
name be entered as father on the birth record of the child(ren). Ped&mr further requests that the
Department of Vital Statistics be ordered and directed to amend the bath records of said child(ren)
,
and to reissue a birth certificate showing Petitioner,
as father and changing the child(ren)'s last name(s) to Petitioner's last name:
Petitioner shows that he has had physical custody of the minor chNd(ren) since (fill In the date)
5.1
The child(ren) came to live with him because sAr-- Lgim CU hF
0j cyte-n L A&Yb Ste. A $Q W4C .
Petitioner Is a fit and proper person to have legal custody of the minor child(ren) . It is in the best
interest of the minor child(ren) to have their legal custody placed with Petitioner. Petitioner is
entitled to the physical and legal custody of said child(ren).
6. In the alternative, Petitioner shows that it is in the best interest of the minor child(ren) that he be
awarded visitation with them.
7. Petitioner requests that the issue of child support be considered and decided by this Court.
WHEREFORE, Petitioner prays:
a) That the Court enter an Order legitimating the child(ren) named in the
Petition, causing the surname(s) of said child(ren) to be changed to
and that the records of birth of said child(ren) be
changed to show the name of the father as Petitioner, to wit,
, so henceforth said child(ren) will be the recognized
and legitimate child(ren) of the Petitioner.
bj/ That Petitioner be granted legal and physical custody of the child(ren); and
Patitinn fnr 1 onitimatinn f i ?atneiv and/nr \liaNaHnn Faro '? of 7
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitiorar faRREn Li 01111
and
Respondent.-; V-Sso mr-
VERIFICATION
Civil Action File No: 2, d V q CV 1490 -2
, personally appeared before the undersigned Notary Public, and say
under oath that I am the (check one:) kPetitioner o Respondent in the above-styled action and that the
fads stated in the f"T iPtTi a AJ are true and correct.
This the CTLL' day of ?Sil4+f . 2
(date) (mormj year)
` 11.
(Sign your name hero in from! UMN5'Notary)
Name (print or type): acZ
Address: w-, hlwwNaky e
Telephone number: (jgaX jetqLt-'}L(0X
T t and bed before me, t is
X of
A Y P 1MIC
My Commission E)pires:
(Notary Sean
Nfrtary Pubk F"adle County, C OMM
My Commission Expires March 0% 2040
Verification Form Page 1 of 1
0 2006 Fulton County Superior Court Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA
136 PRYOR STREET, ROOM C-103, ATLANTA, GEORGIA 30303
SUMMONS
Plaintiff,
vs.
80NF.?. i?SSO?L E?
Defendant
TO THE ABOVE NAMED DEFENDANT(S):
Case No.: 2 0 0-[ C Y/ 62-I P2-
Your Your are hereby summoned and required to file with the Clerk of said Court and serve upon plaintiff's
attorney, whose name and address is:
116 to p-m sRf- -r£ ftecr 6kc,L.c.,
?POZIU- 1 ?+4 3oo -zk
An answer to the complaint which is herewith served upon you, within 30 days after service of this
summons upon you, exclusive of the day of service. IF YOU FAIL TO DO SO, JUDGMENT BY
DEFAULT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE
COMPLAINT.
This i day of t , 20 0q
To defendant upon whom this petition is served:
This copy of complaint and summons was served upon you,
Honorable Cathelene "Tina" Robinson
Clerk of Superior Co
By
Dep ty Clerk
20
Deputy Sherrill
Instructions: Attach addendum sheet for additional parties if needed, make notation on this sheet if addendum is used
DOMESTIC RELATIONS INITIATION PACKET
FULTON COUNTY SUPERIOR COURT FAMILY DIVISION
Your case has been assigned to the Superior Court of Fulton County Family Division. You are
ORDERED to attend a 30-day status conference with a Family Division Judge.
This is your Domestic Relations Initiation Packet. You are responsible for serving the respondent
with a copy of this packet by any statutory method of Service: 1.) Sheriff's.Service, 2.) Special
Process Service or 3.) Acknowledgment or Certificate of Service to be filed with the Court
YOU ARE RESPONSIBLE FOR READING THE INFORMATION ABOUT THE 30-DAY STATUS
CONFERENCE which is included in this packet.
It is mandatory that you complete the Domestic Intake Worksheet and bring it to the 30-day status
conference.
The following documents are included in this packet:
• Automatic Domestic Standing Order
• Domestic Relations Case Filing Form
• Domestic Intake Worksheet
• Information About the 30-day status conference and the 60-day status conference
• Information About a Request to Postpone or Reschedule a Status Conference
• Domestic Relations Financial Affidavit 4111111111111111 -
• Answer to ir>terrogatories ? cce°°'?"`.k ' of s? S form mull vice a i a w om O ffi?
a of cfte
• Required Documents to be Produced 4lillillillil CC1n*0fS"ftiWCM11,CiaWTbNft
• 30 and 60-day Joint Compliance Certificate
• 30-day Joint Compliance Worksheet
• Proposed Pre-Trial Order
• Child Support Addendum
• Final Agreement
• Scheduling Omer
• Consolidated Scheduling Order
• Vital Records Form (for the Office of the Clerk of Superior Court's Civil Division, please
file once a Final Order is entered.)
• Resource Information Sheet
Copies of all pleadings and correspondence to the Court, including return of service and
acknowledgment of service forms. shall be served upon the case manager for the Family Division Judge
to whom your case is assigned, in the same manner which service is made upon the opposing party.
* * WHEN FILING YOUR COMPLAINT YOU MUST BRING THE ORIGINAL AND A PHOTO
COPY TO THE CLERK OF SUPERIOR COURT OFFICE, CIVIL DIVISION. THE CLERKS'
OFFICE IS LOCATED AT 136 PRYOR STREET, SUITE C-103.
Instructions for Emergency Hearings
1.) Prepare your written.motion explaining why you need an emergency hearing. Prepare a Nisi
Order for the Judge's signature.
2.) Contact the Case Manager for the Judge to whom your case is assigned to request an
emergency hearing.
The Motion for an Emergency Hearing and approved Nisi Order mu be attached to
the service Form
COPY
IN THE SUPERIOR COURT OF FULTON COUNTY..
STATE OF GEORGIA FILED IN OFFICE
FAMILY DIVISION
NOV 16 2004
)
Petitioner ) Li
Civil Action File No.
and )
}
Respondent )
AUTOMATIC DOMESTIC STANDING ORDER
1.
This Order shall bind the parties in the above-styled action, their agents, servants,
employees and all other persons acting in concert with the parties in all civil actions assigned to
the Family Division of the Superior Court of Fulton County unless the type of action to which a
paragraph applies is specifically limited herein.
2.
Each party is hereby required to complete the Domestic Intake Worksheet, and return it
to the Family Division.
3.
Each parry to a case involving an original question of custody of minor children (not
contempt or modification) is hereby enjoined and restrained from causing or permitting the
minor child(ren) of the parties to be removed from the jurisdiction of this court.
4.
Each party is hereby enjoined and restrained from doing, or attempting to do, or
threatening to do, any act injuring, maltreating, vilifying, molesting, or harassing the adverse
party or the child(ren) of the parties.
BOOK PAGE
65834 229
J.
Each party to a divorce or separate maintenance action is hereby enjoined and restrained
from selling, encumbering, trading, contracting to sell, or otherwise disposing or removing from
the jurisdiction of the court, any of the property belonging to the parties except in the ordinary
course of business.
6.
Each parry to a case involving an original question of custody of minor children (not
contempt or modification) is required to attend the "Families in Transition" Seminar.
Failure to complete the seminar in a timely manner may subject the party to contempt or other
sanctions.
7.
When a civil action is assigned to the Family Division of the Superior Court of Fulton
County requiring service by the sheriff, the Docket Clerk shall attach a copy of this Order to the
original and the service copy of the divorce and give or send a copy of this Order to the attorney
or person filing the divorce. If the civil action was filed by mail, the Docket Clerk shall mail a
copy of this Order to the attorney or person filing the civil action.
8.
When a civil action which is assigned to the Family Division of the Superior Court of
Fulton County is to be served by publication, the Docket Clerk shall follow the same procedure
as above.
9.
When a civil action is assigned to the Family Division of the Superior Court of Fulton
County with an Acknowledgment of Service, the Docket Clerk will attach a copy of this Order to
the original Petition, give or mail a copy of this Order to the attorney or person filing the Petition
and provide a second copy to the attorney or person filing the Petition with instructions to serve
the defendant with the copy.
10
All civil actions assigned to the Family Division of the Superior Court of Fulton County
shall be restyled or recast in the case style required under the rules promulgated by the Family
Division of the Superior Court of Fulton County Style and shall be substantially similar to the
style used above in this Order with a specific notation that the case is pending in the Family
Division.
BOOK PAGE
05034 - 227
11.
All attorneys entering an appearance in the Family Division of the Superior Court of
Fulton County shall attend at least one seminar which has been authorized by this Court as a
sufficient informational seminar or shall view at least one authorized reproduction of the same or
shall read the entire materials from such a seminar.
12.
All parties and attorneys entering an appearance in the Family Division of the Superior
Court shall abide by the rules of the Family Division as promulgated by this Court. A copy of all
such rules shall be made available by the Clerk upon request.
13.
This Order shall apply to all domestic civil actions (as defined by O. C.G.A. 319-1-1)
which are assigned to the Family Division of the Superior Court of Fulton County and shall be
the Standing Order'until further order of this Court.
14.
Failure to follow a Court order, unless substantially justified, may result in sanctions or
penalties as provided by statute, rule or authority of the court, including a finding of contempt by
the Court; taxation of costs or attorneys' fee; and/or the imposition of monetary or other
sanctions.
SO ORDERED this day of 200
Fulton County Superior Court
Atlanta Judicial Circuit
BOOK PAGE
05034 223
Domestic Relations Case Filing Information Form
Superior Court: County
MM-DD•YYYY
Docket #
Petitioner (s)
Last First Middle 1. Suffix Prefix Maiden
Date Filed
Respondent (s)
Last First Middle f. Suffix Prefix Maiden
--------- -------
Last First Middle 1. Suffix Prefix Maiden Last First Middle 1. Suffix PMAX Maiden
Petitioner's Attorney ? Pro Se (Check here if you are representing yourself)
%r#
Last Fast Middle 1. Suffix
Case Type (one or more)
? Divorce (includes annulment)
0 Separate. Maintenance
0 Adoption
? Paternity (includes legitimation)
0 Domestication of Foreign Custody Decree
? Family Violence Act Petition
Modification
0 Modification-Custody and/or Visitation
? Modification-Child Support and Alimony
? Modification-Child Support
? Modification-Alimony
Contempt
? Contempt-Custody and/or Visitation
? Contempt-Child Support and Alimony
? Contempt-Child Support
0 Contempt-Alimony
D Other Domestic Contempt
? Other Domestic Relations Specify
Is Case Uncontested or Contested?
D UNCONTESTED
A. 1. Acknowledgment of Service/Wavier of Venue
signed and notarized by respondent? 0 Yes D No
2. Consent to try signed and notarized by both parties?
0 Yes ? No
3. Separation Agreement/Settlement Agreement (if
children or property are involved), signed and notarized
by both parties? ? Yes 0 No
OR
B. Divorce by publication with affidavit of diligent search?
0 Yes 0 No
? CONTESTED
Family Violence .
Additional Information - Ex Parte Relief
Did the initial pleading include a request for relief'/
1. From alleged family violence ? 0 Yes D No
2. Was ex pane relief requested ? D Yes ? No
3. Was ex parte relief granted ? ? Yes D No
Style of Cow:
Part A-
PeNkmer:
Address:
DOMESTIC INTAKE WORKSHEET
Case Number:
Date of Filing:
Judge Assigned to Case:
imforrnation About the Ponies
Name(s)
Street Address County city state Zip
Telephone Number.
Home
Date of Birth:
Petitioner's Attorney:
Attorney's Address:
Work
Name
Street Address city state Zip
Attorney's Telephone Number.
Respondent:
Address:
Name(s)
Street Address County City State Zip
Telephone Number.
Home Work
Date of girth:
tespondent's Attorney: --
Nome
Womey's Address: - -
Street Address City State rip
iforney's Telephone Number:
YOUR CASE IS ASSIGNED TO THE FAMILY DIVISION, IT IS MANDATORY THAT YOU COMPLETE AND
ETURN THIS WORKSHEET AT YOUR 30-DAY SCHEDULING CONFERENCE. IF YOUR CASE IS NOT ASSIGNED TO
'IE FAMILY DIVISION, PLEASE COMPLETE AS SOON AS POSSIBLE AND RETURN TO THE FULTON COUNTY
LIPERIOR COURT FAMILY DIVISION, 136 PRYOR ST., SUITE C-826, ATLANTA, GEORGIA 30303.
Prof Is_. kdonnallon About the Current Cris and Rekited Cases
NUMBEk OF CHILDREN'
NAMES OF CWLDREN:
Current Ck"S)/Issue(s)/Allegallon(s):
E3 Divorce
n Child Custody
Q Visitation
? Chid Support
? Paternity
is there currently pending In any other Fulton County Court a case or cases involving the petitioner, respondent, or any
rtrlnor children of the relationship? ? Yes ? No
if yes, please list the Court, Case number, and style of case below.
Court Case Number Style of Case
Q Legitimation ? Adoption
n Foff*v Violence n Guardianship
? Child Abuse ? Substance Abuse
o URESA ? Other Issues:
o DHR
i
INFORMATION ABOUT THE 30-DAY SCHEDULING
CONFERENCE AND 60-DAY SCHEDULING CONFERENCE
1. Timeliness: Do not be late for either conference or you shall be considered as having FAILED TO
APPEAR. YOUR FAILURE TO APPEAR MAY RESULT IN THE FINAL DISPOSITION OF
YOUR CASE.
2. Postponing or Rescheduling the Conferences: A conference will only be postponed and rescheduled for
specific reasons. Requests for postponement that are received by the case manager at least two (2) weeks
before the status conference date are more likely to be granted. See the attached information about a
Request to Postpone or Reschedule a 30LDay Scheduling Cor ference or 60-Day Scheduling Conference.
3. "Familks in Transition" Seminar. If your legal action involves minor children, you must attend and
complete the "Families in Transition" Seminar before the 30-Day Scheduling Conference. Information
about these seminars is in the Domestic Relations Initiation Packet. Call the Family Division at 404r/30-
4618, or go to the website at www.fultonfwnibydivision.com to obtain information on the Seminar.
4. What will happen at the 30 Day Scheduling Conference? The conference officers will talk with both
parties about the case, including the areas on which the parties agree and disagree. Then the conference
officer will tell the parties what court procedures come next, and by when they must be done.
A. Settlement: Ifthe parties agree about everything in the Court case, the conference officer will
confirm the agreement with the parties and a final divorce hearing will be convened or scheduled.
If the parties agree to some of the issues, then a Temporary Consent Order may be entered.
B. Set the Case for a Temporary Hearing: if the parties agree on many things but there are still a
few matters to resolve on a temporary basis, for example child custody, the conference officer will
inform the case manager that the case is ready for a short hearing in front of the Judge.
C. Mediation: If it appears that a mediator could help the parties, the conference officer will
immediately refer the case to a trained, on-site mediator to work with the parties on the disputed
issues. Depending on the case, this referral might result in a full resolution of the case, or the
parties might be instructed to return to the conference officer to work on the issues that remain.
D. Future Schedule: At the conclusion of this conference and/or temporary hearing, a Consolidated
Scheduling Order shall be filed with the Court.
5. What to Bring to The 30-Day Scheduling Conference: Bring with you the completed Domestic Intake
Worksheet and, if applicable, the completed Domestic Relations Financial Affidavit, Answers to
Interrogatories, Child Support Worksheet and Schedules, and the documents in response to Required
Documents To Be Produced. This will help you be prepared for your 30-Day Scheduling Conference and
reduce the number of times you will be required to come to court. All these forms are in the Domestic
Relation Initiation Packet. Call the family Division at 404/224-0505, or go to the website at
www.fultonfirnilvdiAsion.com to obtain a packet. Be prepared for your 30-Day Scheduling Conference,
because ifyou are not; you will have to come back to Court.
6. What will happen at the 60-Day Scheduling Conference? At the 60-Day Scheduling Conference, the
parties will discuss and attempt to agree upon pertinent issues which have remained unresolved since the
30-Day Scheduling Conference and any hearing that may have occurred at that time or soon thereafter.
This does not allow the parties to raise issues which were resolved at the 30-Day Scheduling Conference or
the hearing unless they can convince the Judge of the necessity of revisiting an issue which was previously
resolved. At the conclusion ofthe 60-Day Scheduling Conference, a Temporary Order and Consolidated
Scheduling Order may be entered. As with the 30-Day Scheduling Conference, the conference officer
will talk with both parties about the case and again discuss with the parties what court procedures they must
do next, and by when they must do them. The same procedures as listed in 4A through D above will also
be available for the parties at the 60-Day Scheduling Conference, except that any hearings will likely not
include matters which were previously heard by the Court at an earlier hearing.
Requirements for the Conferences:
A. Attendance: Only parties (and their attorneys, ifthey have attorneys) are allowed to attend a
Conference. This does not mean you must have an attorney, but it does mean that if you have a
attorney, that attorney MUST attend the Conference. Parties who are represented by an
attorney will not be allowed to participate in the conference if their attorney does not show.
No children are allowed at the conference. Friends or others will have to wait outside.
B. Telephone: For a good reason (such as very serious illness, incarceration in prison oriail, a party
who is a long distance from Court) one, or both parties or attorneys, might be allowed to
participate at a Conference by telephone. If you want to ask to do this, you must write a request
to the case manager at the address on the "Notice to Attend 30-Day Scheduling Conference"
Do later than five (5) Court days from the date you receive the notice.
C. Communication: No party or attorney can speak with the conference officer o r Judge about
substantive matters unless the other party or attorneys are present. When parties write to the
conference officer, case manager, or Judge, they must send a copy to the other party at the sane
time, and show that they did this on the document.
8. Is it possible to cancel a conference? There are two ways by which a Conference can be canceled.
Sometimes both parties agree to all issues in dispute before, or soon after, the time of the filing of a divorce
or other domestic relations matter. The Court calls this an "uncontested divorce" or a "consent order". If a
consent agreement in a divorce or consent order in other matters is sent to the case manager no less than
three (3) days prior to the scheduled date of the Conference, then the Conference may be canceled upon
confirmation by the case manager. However, you must attend if you do not receive this confirmation
canceling the Conference by the case manager. If you represent yourself, the Court has the form and
instructions you need if both parties are in agreement about all issues. For more information about these
forms, visit the Family Law Information Center, or the website at www.fultonfaw-fl&Avisiomcom.
The second way that a Conference can be canceled is if both parties enter into a joint compliance certificate
and file it with the Court and submit a copy to the case manager no less than three days before the date of
the Conference. The purpose of this certificate is to assure the Court that the Conference is unnecessary
because the parties have completed a: I) Joint Compliance Certificate; 2) Joint Compliance Worksheet; and
3) Domestic Intake Worksheet. A Joint Compliance Certificate will not suspend the Conference unless and
until the parties are notified by the case manager that the Joint Compliance Certificate has been accepted by
the Court as substitute for the Conference. The Family Division also has the forms and instructions you
need. For more information about these forms, visit the Family Law Information Center or the website at
www.fuho®familvdivision.com.
9. Is Any Other Help Available?
A. "Families in Transition" Seminar. In the Domestic Relations Initiation Packet, there is
information regarding the "Families in Transition" Seminar which you must attend if your case
involves minor children. Read this information, and attend a seminar BEFORE THE 30-DAY
Status Conference! This will speed up your case. For more information call: 404/'730-4618.
B. Family Law Information Center. The Family Law Information Center is provided through the
Fulton County Superior Court Family Division and is designed to help you help yourself in Court.
Many court forms and instructions are available at the Family Law Information Center. The
Family Law Information Center is located at:
Fulton County Justice Center Tower
185 Central Avenue, S.W.
Seventh Floor, Room JCT-704
Atlanta, GA 30303
4041335-2789
Revised 6/9W
INFORMATION ABOUT A REQUEST TO POSTPONE OR
RESCHEDULE A SCHEDULING CONFERENCE
A.
B.
C.
PROCEDURE TO REQUEST A RESCHEDULING OR POSTPONEMENT
1. Written Request: The party or lawyer who initiates a postponement and
rescheduling of a conference must provide a written request to the case manager
by fax, mailor hand delivery that clearly states on its face the date of the request,
case number(s), the parties in the case, the date and time of the scheduled
conference, the case manager's name, reasons for the request, the date on which
the requesting party first learned of the need to ask for a postponement, and any
other information deemed material to the request.
2. Copy to other side: The party or lawyer who requests the postponement must
show on the face of the written request that a copy was mailed, delivered, or
faxed to the other party or attorney, and the date the copy was so provided.
REASONS FOR POSTPONEMENT AND TIME REQUIREMENTS FOR
REQUEST:
1. Requests made more than two (2) weeks before the scheduled
conference date: A conference may be postponed or rescheduled 2 weeks in
advance for the following reasons:
a) Mediation or arbitration in the case is scheduled,
b) A party or a lawyer has a planned vacation, Continuing Legal Education,
religious or other holiday, or other significant personal event such as
graduation, a wedding, etc.
c) Another court event such as a hearing, trial, or deposition is already
scheduled and/or takes priority pursuant to the Uniform Superior Court
Rules.
2. Request made less than ten (10) days before the scheduled conference: A
conference will not be postponed or rescheduled with less than ten (10) days
advance notice except for the following reasons:
a) Another court appearance that was set within the ten (10) days before
the conference and that takes priority pursuant to the Uniform Superior
Court Rules.
b) An unexpected event occurs that affects or involves a party, lawyer, or
immediate family member, such as serious illness, serious accident, death
or unexpected emergency.
CONSEQUENCE OF FAILURE TO APPEAR AT A CONFERENCE:
If request for postponement or rescheduling is denied or not approved before the scheduled
conference and a party or lawyer fails to appear at a conference as scheduled, sanctions, or
penalties as noted in the Order to Appear at the 30-Day Scheduling Conference may be
imposed, including final disposition of the case.
Revised 6/8/07
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner,
CIVIL ACTION FILE
V.
NO.
Respondent.
DOMESTIC RELATIONS FINANCIAL AFFIDAVIT
You are required to make to the Court, under oath, a FULL DISCLOSURE of your
income, net worth and financial condition on this form. Fill out each and every section
of this form. If something does not apply to your situation, write, "N/A".
l . Your Name: DOB
Address:
City:
State:
County:
Zip Code:
Spouse's Name: DOB
Address: County:
City:
State:
Zip Code:
Date of Marriage:
Date of Separation:
Names and birth dates of children for whom support is to be determined in this action:
Names and birth dates of your other children who are living with you:
Names and birth dates of the children for which you are obligated to pay support by a
court order:
2. EMPLOYMENT AND INCOME
Occupation:
Employed By:
Number of exemptions claimed:
Pay period (ie, weekly, monthly, etc.)
If you are employed, but expecting soon to become unemployed or change jobs, describe the
change you expect and why and how it will affect your income. If currently unemployed, describe
your efforts to find employment, how soon you expect to be employed, and the pay you expect to
receive:
EXCEPT IN PROCEEDINGS FOR ADOPTION, ENFORCEMENT, CONTEMPT, AND
INJUNCTIONS FOR DOMESTIC OR REPEAT VIOLENCE, ALL OF THE FOLLOWING
MUST BE ATTACHED TO THE COPY OF THIS FINANCIAL AFFIDAVIT SERVED ON THE
OPPOSING PARTY. THE ATTACHMENTS SHALL NOT BE FILED WITH THE COURT.
Your three (3) most recent pay stubs, your three (3) most recent Federal and State tax returns, and
the most recent W-2 forms. If last year's Federal income tax return has not yet been filed, attach
W-2s, 1099s, K-I Is, and any other document to be attached to your tax return. If the attachments are
not made to the copy served on the opposing party, an explanation is required.
3. SUMMARY OF YOUR INCOME AND NEEDS
(a)
(b)
(c)
(d)
Gross monthly income (from Item 4A) $
Total income taxes paid on above income
(Incl. Fed., State and FICA) $
Net monthly income (from Item 4C) $
Expenses
Average monthly expenses (Item 5A) $
Monthly payments to creditors (Item 5B) $
TOTAL monthly expenses and payments to
creditors (Item 5C) $
Domestic Relations Financial Affidavit
Fulton County Family Division
4. YOUR MONTHLY INCOME
A. Gross Income
(All income whether earned or unearned, from any source, must be entered based
on monthly average regardless of date of receipt.
Salary or Wages $
Bonuses, Commissions, Allowances, Fees,
Overtime, Tips and similar payments (based
on past 12-month average or time of employment
if less than 1 year) $
Income from sources such as self-
employment, partnership, close corporations
and independent contracts (gross receipts minus
ordinary and necessary expenses required to
produce income) ATTACH SHEET ITEMIZING
YOUR CALCULATIONS. $
Severance Pay $
Disability/Unemployment/Worker's Compensation $
Recurring Income from Pension and Retirement Plans
or Annuity payments $
Social Security benefits $
Other public benefits (do NOT include means-tested
public assistance such as TANF or food stamps) $
Spousal or child support from people not in this case $
Interest and Dividends $
Rental income (gross receipts minus ordinary and
necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS $
Reimbursed expenses and In kind payments to the extent
they reduce personal living expenses $
Fringe Benefits (if significantly reduce living expenses) $
Income from Royalties, Trusts or Estates $
Capital Gains or Gains derived from dealing in property
(not including non-recurring gains) $
Prizes/Lottery Winnings $
Gifts (cash or other liquid assets or which can be
converted to cash) $
Judgments from Personal Injury or other civil cases
where cash is received on a recurring basis $
Assets used for support of family $
Other income of a recurring nature (specify source) $
Gross Monthly Income $
Domestic Relations Financial Affidavit
Fulton County Family Division
B. Benefits of Employment
List and describe (where requested below) all benefits of employment not deducted
from your wages or salary. These are defined as those costs paid directly by your employer
on your behalf. Most, if not all, of these benefits are listed below. If a benefit(s) is not
listed, fill in "other" and, describe the benefit in the space provided.
Automobile
Payment
Allowance
Gasoline
Insurance
Other (Describe)
Medical/Dental Expenses
Insurance
.Health
Life
Disability
Other (Describe)
Deferred Compensation (Describe)
Employer Contribution to Retirement or Stock
Club Membership
Reimbursement Expenses (to the extent they reduce personal
living expenses and are not included in 4A) (Describe)
OTHER (Describe)
TOTAL
$
$
$
C. Net Income
5.
Net monthly income from employment (deducting only state and,
federal taxes, FICA, and self-employment tax, if applicable) $
YOUR NEEDS
A. AVERAGE MONTHLY EXPENSES
HOUSEHOLD
Residence
V" Mortgage
2°d Mortgage
Domestic Relations Financial Affidavit
Fulton County Family Division
Equity line of credit $
Other $
Property taxes $
Rent Payments $
Homeowner/Renter Insurance $
Condo, maintenance fees/homeowners association fees $
Electricity $
Water $
Gas $
Garbage and Sewer $
Telephone $
Cellular Telephone $
Repairs and Maintenance $
Lawn care $
Pool care $
Pest control $
Cable television $
Burglar alarm/security system $
Miscellaneous household and grocery items $
Meals outside home $
Meals outside home
Pets: grooming $
veterinarian $
food $
Drugstore items $
Service contracts on appliances $
Domestic help $
Internet $
Other (Attach sheet) $
AUTOMOBILE
Gasoline and Oil $
Repairs $
Auto tags and License $
Insurance $
Alternative transportation (bus, public
transportation, etc.) $
Tolls and parking $
OTHER VEHICLES, BOATS, TRAILERS
Gasoline and Oil $
Repairs $
Tags and License $
Domestic Relations Financial Affidavit
Fulton County Family Division
Insurance $
Other (Attach sheet) $
OTHER EXPENSES
Life Insurance $
Disability Insurance $
Dry cleaning and laundry $
Grooming $
Clothing $
Medical/dental (out of pocket/uncovered expenses) $
Prescriptions (out of pocket/uncovered expenses) $
Gifts (special holidays) $
Entertainment $
Vacations $
Travel expenses necessary for parenting time/visitation $
Retirement/401 -K Contributions $
Publications $
School alumni dues $
Union dues $
Club membership dues and expenses $
Religious and charities $
Professional expenses (other than this proceeding) $
Bank charges/credit card fees $
Miscellaneous (attach sheet) $
Other (attach sheet) $
Alimony paid to former spouse(s) $
Child support paid for other children $
(Date of initial order:
County and State:
Case number:
CHILDREN'S EXPENSES (Per child)
Child care- school year
Child care- summer
School tuition
School uniform
Other school expenses
Private lessons (e.g. music,
dance, etc)
Tutoring
Lunch money
NAME NAME NAME NAME
$
$
Domestic Rdations Financial Affidavit
Fulton County Family Division
Allowances $
Clothing $
Cellular telephone $
Medical/dental (out of pocket/
uncovered expenses $
Psychiatric/psychological/
counseling (out of pocket/
uncovered expenses) $
Prescriptions (out of pocket/
uncovered expenses) $
Grooming $
Gifts from children to others $
Entertainment $
Toys $
Books/Publications $
Sumner camps $
Sports and extracurricular
activities $
Other (attach sheet) $
Sub-total Child(ren) Expenses $
INSURANCE
Health
Total $
Child(ren) portion $
Dental
Total $
Child(ren) portion $
Vision
Total $
Child(ren) portion $
Life Insurance on
child(ren)'s life on ly $
Other (specify) $
Sub-total Child(ren)'s Insurance $
TOTAL AVERAGE MONTHLY EXPENSES (Section A) $
Domestic Relations Financial Agidavit
Fulton County Family Division
B. PAYMENTS TO CREDITORS
Account #
To Whom (last 4 digits)
Monthly
Balance Due Payments
TOTAL (Section B) S $
Name(s)on Account
C. TOTAL MONTHLY EXPENSES AND PAYMENTS
TO CREDITORS $
6. ASSETS
(If you claim or agree that all or part of an asset is non-marital, indicate the non-marital
partion under the appropriate spouse's column. "Non-marital" means your spouse or you had
this asset before the marriage or received it by personal gift or inheritance during the
marriage. The total value of each asset must be listed in the "value" column. "Value" means
what you believe to be the fair market value of the item or property.
ACCOUNT(S) ACCOUNT # VALUE HUSBAND'S WIFE'S
NAME (last 4 digits) Non-Marital Non-Marital
RETTRIEMENT ACCOUNTS:
401-K
Pension
IRA
Other
NON-RETIREMENT ACCOUNTS:
Stocks
Bonds
CDs
Investments
Money Market
Cash on hand
Other accounts
(Describe)
Domestic Relations Finsncial Affidavit
Fulton County Family Division
BANK ACCOUNTS:
Savings
Checking
Checking
Checking
Custodial
Custodial
Other
12 month
Average Current
Name of Bank Account Number Balance Balance
(only last 4 digits)
Name(s) on the
Account
REAL ESTATE: HUSBAND'S WIFE'S
Non-Marital Non-Marital
Home: Value
Outstanding Loan balances
Equity
(Certified fair market value
minus loan balances)
Other real estate:
Nalne/Description
1) Value
Outstanding Loan balances
Equity
2) Value
Outstanding Loan balances
Equity
3) Value
Outstanding Loan balances
Equity
Money owed to you
Tax refund due
Life insurance
(cash surrender value)
Funaiture/f nnishings
Jewelry
Collectibles
Other
VALUE HUSBAND'S WIFE'S
Non-Marital Non-Marital
Domestic Relations Financial Atrklavit
Fulton County Family Division
BUSINESS INTERESTS
The term. "Business" for purposes of this form and your disclosure includes any business entity or
business operation of any kind in which you have any claim or ownership interest including, without limitation,
your claim or interest in any sole proprietorship, partnership, limited partnership, limited liability company,
joint venture, syndicate, closely held corporation, sub-chapter S corporation or any other type of business entity
in Georgia or any other jurisdiction.
For tatch Business in which you have any claim, interest or ownership, list separately and completely the
information in the form below and produce the documents required in this section.
Legal same of Ded"M
(sad dlWa if any) Type of badness
cstity (i.e. So"
Corp., C Corp.,
L+Cs LLPI
Partnership, Sole
Proprietorship etc.) Resins activity Percentage
of
®wnersbip Date business
isterest acquired F,stimted fair
Market valVe of
anraership
interest Pereeat of
iotsl interest
that h Now
=What
For each Business Interest you have listed above, attach copies of corporate or partnership income tax
returns for the last three years, and attach annual fimancial statements for the last full year as well as financial
statements from the end of the last full year until the present. The term "financial statements" inchsdes, at a
minimum, income and profit and loss statements and balance sheets showing assets and liabilities including
without Hinkation current accounts receivable and payable.
For the last three years, for sole proprietorships, produce your IRS Schedule C forms with your Form
1040 personal tax returns. Also produce related bank account records as well as statements of income, expenses,
and current accounts receivable and payable.
Dowatic Rdatiom FirwwW" t Affidavit
Fuhm County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, )
and )
Respondent. )
Civil Action File No.
ANSWERS TO INTERROGATORIES
No later than thirty (30) days from the filing of the Complaint, each party is required to serve
answers to these Interrogatories to the other party in any proceeding for request of temporary relief
or permanent financial relief including, but not limited to, a request for support, alimony, equitable
division of property, attorney's fees or other financial payments and to file a certificate, indicating
that the Answers to Interrogatories were served, the date of service, and the persons served. Where
the answer to an interrogatory may be derived, or explained from business records of the
party required to answer these Interrogatories or from an examination, audit or inspection of
business records, or from a compilation, abstract, or summary based on records, and the
burden of deriving or explaining the answer is substantially the same for the party answering
these Interrogatories, it is, sufficient to answer the interrogatory by identifying and attaching
the records which explain or provide the answer:
I . BACKGROUND INFORMATION:
a. State your full legal name and any other name by which you have been known:
b. State your present residence and employment or business addresses and telephone
numbers:
C. State the name, age and relationship to you of each person residing at your present
address:
d. List all business, commercial, and professional licenses which you now hold or
which you have held in the last three (3) years:
Answers to lmcrrogatories
Fulton County Family Division
e. List all of your education after high school, including but not limited to, vocational
or specialized training, including the following:
Name and address of each educational institution.
Dates of
attendance. Degrees or
certificates
obtained.
2. EMPLOYMENT:
For each place of your employment or self-employment during the last three (3) years, state
the following information:
Name, address, and
telephone number of your
employer Dates of
employ-
ment Job title and brief
description of job
duties Starting and
ending
salaries Name of
your direct
supervisor
NOTE: If you have been unemployed at any time during the last three (3) years, show the
dates of unemployment. If you have not been employed at any time in the last three
(3) years, give the requested information for your last period of employment.
Answers to interrogatories
Fulton County Family Division
3. INCOME:
a. For each of the last three (3) years, state the following information:
Each source of your income The amount of income you received from each
source, including earned, passive, and investment
income and capital gains.
b. For each of your present employment, self-employment, business,
commercial, or professional activities, state the following information:
Type of How often An itemization of your Any additional
employment and on what gross salary, wages, and compensation or expense
days you are income, and all reimbursement,
paid. deductions from that including, but not limited
gross salary, wages, and to, overtime, bonuses,
income. profit sharing, insurance,
expense account,
automobile or automobile
allowance that you have
received or anticipate
receiving.
4. CLAIM OF NON-MARITAL PROPERTY INTEREST:
Do you own personal or real property or sums of money which you claim as your separate or
non-marital property? If so, please describe the property in detail and explain with
Answers to lutwoptories
Fulton County Family Division
specificity why you believe that it constitutes your separate or non-marital property. "Non
maritar means you had this asset before the marriage or received it by personal gift or
inheritance during the marriage. List the total value of each asset. "Value" means
what you believe to be the fair market value of the item or property:
5. PROPERTY HELD BY OTHERS
Is there any property held by any third party over which you have any control? If your
answer is yes, indicate whether the property is shown on the Financial Assets completed by
you. If it is not, describe and identify each such asset and state its present value and the
basis for your valuation. Also, identify the person holding the asset.
Asset Present Value Basis of Valuation Person Holding
Asset
6. INSURANCE
a. Identify each health, life, automobile, and disability insurance policy or plan that you
now own or that covers you, your children, or your assets. State the policy type, policy
number and name of company. Identify the agent and give the address.
Policy Type Policy Number Name of Insurance Agent & Address
Company
b. State the amount you pay for life insurance premiums on your life for the benefit for
the amount of child(ren) involved in this case.
?. CHILDREN'S EXPENSES
Where applicable, state the regular cost, on a monthly basis, of the following child related
expenses incurred on behalf of the child(ren). If any of these expenses did not incur prior to
Answers to Interrogatories
Fulton County Family Division
six (6) months before the filing of this action, state when responsibility for the payment
began.
a. Child care costs related to your work or employment
b. Private school and extraordinary educational expenses
c. Tutoring and private lessons
d. Extracurricular activities
e. Summer and sports camps
f The portion of health insurance premium payments for child(ren) only
g. Child(ren's) extraordinary medical expenses
h. Health care expenses not covered or paid by the insurance carrier, including co pays
and deductibles
i. Your reasonable and necessary travel expenses for exercising parenting time/visitation
time with your children, and the month and year you began paying these expenses.
8. GIFTS
List any gifts you have made without the consent of your spouse in the past twenty-four (24)
months, their value and the recipients.
Description of Gift Value Recipient
9. AGREEMENTS
Did your spouse and you make any written agreements before or during your marriage or
after your separation that affect the disposition of assets, debts, or support in this
proceeding? If your answer is yes, for each agreement, state the dates made, and attach a
copy of the agreement.
10. LEGAL ACTIONS
Are you a party or do you anticipate being a party to any legal or administrative proceeding
other than this action? If your answer is yes, state your role and the name, jurisdiction, case
Answers to Interrogatories
Fulton County Family Division
number, and a brief description of each proceeding.
Your Role Case Name Jurisdiction Case Number Brief Description
11. HEALTH
Is there any physical or emotional condition that limits your ability to work? If your answer
is yes, state each fact on which you base your answer.
12. CHILDREN'S NEEDS
Do you contend your children have any special needs? If so, identify the child with the
need, the reason for the need, its cost, and its expected duration.
Child's Name Cost Expected Duration
Describe the special needs:
13. OTHER CHILDREN IN THE HOUSEHOLD
Are there any minor children living in the family household that you have a legal duty to
support (not to include step-children) but are not the children of both parties in this
Answers to Interrogatories
Fulton County Family Division
proceeding? If you enter yes, state the name of the child, date of birth and the name of the
child's other parent.
Child's Name I Date of Birth I Name of Other Parent
14. CHILD CARE PLANS
In the event you receive custody of your children as you have requested, please state in detail
your anticipated plans for child care when you are working and the child is not in school or
with your spouse.
Answn to Imer"atotim
Fuhoo County Family Division
I AM AWARE THAT ANY FALSE STATEMENT KNOWINGLY MADE BY ME
WITH THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE
PENALTY FOR PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE
COURT.
I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE
INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND
FULL DISCLOSURE OF MY FINANCIAL CONDITION.
Signature of party signing affidavit
Printed name
Address
Telephone (area code and number)
Facsimile (area code and number)
STATE OF GEORGIA
COUNTY OF
Sworn to and subscribed before me
on this day of , 200.
NOTARY PUBLIC
Ansvas to lntenogUories
Fulwo County Fundy Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, )
Civil Action File No.
and )
Respondent. )
}
CERTIFICATE OF SERVICE OF ANSWERS TO INTERROGATORIES
I CERTIFY THAT THE ANSWERS TO THESE INTERROGATORIES WERE:
(check one only) mailed, facsimiled and mailed, or hand delivered to the
person(s) listed below on the day of , 200
Parry or their attorney if represented:
Name
Address
Telephone No.
Facsimile No.
DATED:
Signature of party or attorney, if party is
represented by counsel
Printed name
Address
Telephone (area code and number)
Facsimile (area code and number)
Answas to Interrogatories
Fuhoa County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, )
Civil Action File No.
and )
Respondent. )
REQUIRED DOCUMENTS TO BE PRODUCED
No later than thirty (30) days from the filing of the Complaint, each party shall be required to serve
the following documents to the other party in any proceeding for a request for temporary relief or
permanent financial relief including, but not limited to, a request for child support, alimony,
equitable division of property, attorney's fees or other financial payments and to file a certificate
indicating the Required Documents were served on the other party, the date of service, and the
persons served:
Domestic Relations Financial Affidavit as provided in the mandated discovery
provisions of the Family Division Rules.
2. All federal and state income tax returns, gift tax returns and intangible and personal
property tax returns filed by you or on your behalf for the past three (3) years.
3. IRS forms W-2, 1099 and K-I for the past year, if the income tax return for that year
has not been prepared. Also, if the income tax return has not been prepared, a year-
ending pay stub received from your employer should be provided.
4. Pay stubs or other evidence of earned income for the twelve ( 12) months prior to the
filing of the action.
5. A statement by you identifying the amount and source of all income received from
all sources during the twelve (12) months preceding the filing of this action if same
is not reflected on the pay stubs produced.
6. Evidence of all self-employment income during the twelve (12) months prior to the
filing of this action. This shall include, but not be limited to, financial statements,
bank statements, statements of accounts receivable and payable, and other
RegWmd Documents to be Produced
FuNon County Fatuity Division
documents relating to income from business operations, work as an independent
contractor or consultant, sales of goods and services, and rental properties, less
ordinary and reasonable expenses necessary to produce self-employment income.
7. Evidence of all rental income received and expenses incurred during the twelve (12)
months prior to filing of this action. You may provide an accounting of expenses
and payments received that can be verified by other available documentation.
8. Documents and records of all social security payments, disability payments, and
retirement benefits received during the twelve (12) months prior to the filing of this
action. Your annual statement compiled by the Social security Administration shall
be produced.
9. All loan applications and financial statements prepared or used within the three (3)
years preceding the filing date of this action, whether used for the purpose of
obtaining or attempting to obtain credit for any other purpose.
10. The most recent statement for any liquid fiord assets, including, but not limited to,
profit-sharing, 401-K, money market, stock and securities, bonds, accounts,
retirement and pension plan.
11. Corporate, partnership and trust tax returns for the last three (3) tax years, if you
have an interest in a corporation, partnership or trust.
12. All written pre-marital or marital agreements entered into at any time between you
and your spouse, whether before or during the marriage.
13. All court orders directing you to pay or receive spousal or child support, even if
received from or paid to a third party. You must provide proof that the payments
are actually being paid as evidenced by documentation including but not limited
to, payment history from a court clerk, a IV-D agency (as defined in O.C.G.A. §
19-6-31), the Child Support Enforcement Agency's computer data base, the
child support payment history, canceled checks, or other written proof of
payments paid directly by or to the other party.
14. A summary statement that can be supported by other documents or records in your
possession or control evidencing the following expenses incurred on behalf of your
minor children (for whom support is being determined in this action) during the
twelve (12) months preceding the filing of this action:
a. Child care costs related to your work or employment
b. Private school and extraordinary educational expenses
c. Tutoring and private lessons .
d. Extracurricular activities
e. Summer and sports camps
Required Documents to be Produced
Fulton County Family Division
f Health insurance premium payments (portion for children only) and
extraordinary medical expenses
g. Health care expenses not covered or paid by insurance carrier (including co pays
and deductibles)
h. Your reasonable and necessary travel expenses for exercising parenting
time/visitation time with your children
i. Minor children living in the family household that you have a legal duty to
support (not to include step-children) but are not the children of both parties in
this action.
15. Proof of payment of life insurance premium payments that you pay on your life for
the benefit of the minor children involved in this case.
16. For any business (as defined in the Family Division Domestic Relations Financial
Affidavit) in which you have any interest, produce the documents listed below. If
any documents are not readily available to you, produce such documents as soon as
available and, in any event, within sixty (60) days from the date of filing this action.
a. Complete federal, state and other governmental tax returns of any kind for the
last three (3) years filed by the Business; and
b. Annual balance sheets and profit and loss statements for the most recent three
(3) years and quarterly, monthly and "year-to-date" financial statements for the
current fiscal year, and
c. A statement of current accounts receivable and accounts payable; and
d. A statement of all current loans and payables, if any, you owe to the Business
and all loans or other payables the Business owes to you; and
e. All evaluations or appraisals you have received stating the value of the Business
or your interest in the Business during the last three (3) years.
Required Doannents to be Produced
Fulton County Family Division
I AM AWARE THAT ANY FALSE STATEMENT KNOWINGLY MADE WITH THE
INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY FOR
PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE COURT.
I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE
INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND FULL
DISCLOSURE OF MY FINANCIAL CONDITION.
Printed Name -
Address
City State Zip
Telephone (area code and number)
Facsimile (area code and number)
STATE OF GEORGIA
COUNTY OF
Sworn to and subscribed before me
on this day of 20^
NOTARY PUBLIC
(Print, type or stamp commissioned name of notary)
Requircd Doeurnents to be Produced
Fulton County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
and
Petitioner,
Respondent.
CERTIFICATE OF SERVICE OF REQUIRED DOCUMENTS
}
}
)
Civil Action File No.
I CERTIFY THAT THE REQUIRED DOCUMENTS TO BE PRODUCED WERE:
(check one only) ' mailed, facsimiled and mailed, or hand delivered to the
person(s) listed below on the day of , 200
Party or their attorney if represented:
Name
Address
Telephone No.
Facsimile No.
DATED:
Signature o, f 'party or attorney, if party is
represented by counsel
Printed name
Address
Telephone (area code and number)
Facsimile (area code and number)
Required Docuamis. to be Produced
Fulton County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, )
}
and )
}
)
Respondent. )
Civil Action File No.
30-DAY JOINT COMPLIANCE CERTIFICATE
The parties agree and show this Court that they have met the requirements to seek the cancellation of
the 30-Day Status Conference by attaching hereto: 1) a 30-Day Joint Compliance Worksheet; 2) a completed
Domestic Intake Worksheet; 3) a 60-Day Status Conference Order, and 4) two self-addressed, stamped
envelopes, with return address for the 60-Day Status Conference Order to be returned to each counsel (or
party), and, if applicable, a third envelope for the Guardian ad Litem.
Both parties, in compliance with the rules of the Family Division, have exchanged Domestic
Relations Financial Affidavits, Child Support Worksheet and Schedules, Answers to Interrogatories and
all documents listed in the `Required Documents To Be Produced' or agree to exchange the Affidavit, Child
Support Worksheet and Schedules, Answer and Documents by
200_, which is less
than twenty (20) days from the date set for the 30-Day Status Conference in this matter. All further
discovery will be completed by , 200, subject to the statutory duty to supplement discovery
through commencement of trial.
30-Day Joint Compliance Certificate
Fulton County Family Division
Both parties agree that there are no unresolved issues to be heard by the Court at this time.
Signed this day of , 200. Signed this day of 200.
Signature of Party (or Counsel)
Signature of Party (or Counsel)
30-Day Joint Compliance Certificate
Fulton Canty Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, )
}
and )
Respondent. )
Civil Action File No.
60-DAY JOINT COMPLIANCE CERTIFICATE
The parties agree and show this Court that they have met the requirements to seek the
cancellation of the 60-Day Status Conference by attaching hereto: 1) a Family Division
Consolidated Scheduling Order; 2) a 120-Day Status Conference Order; and 3) two self-addressed,
stamped envelopes, with return address for the 120-Day Status Conference Order to be returned to
each counsel (or party), and, if applicable, a third envelope for the Guardian ad Litem.
Further, both parties agree that there are no unresolved issues to be heard by the Court at this
time.
Signed this r day of , 200 . Signed this r day of , 200-.
Signature of Party (or Counsel)
Signature of Party (or Counsel)
60 Day Joint Comptimm Certificate
Fulton County Family Division
Date:
30 DAY JOINT COMPLIANCE WORKSHEET
CASE STYLE: and
Petitioner Respondent
CASE NUMBER: Filing Date:
Related Case Number: Service Date:
Attorney for Petitioner (or Petitioner, if Pro Se) Attorney for Respondent (or Petitioner, if Pro Se)
(name & address) (name & address)
TELEPHONE NUMBER: (. ) TELEPHONE NUMBER: ( )
TYPE OF CASE: 0 Divorce ? Legitimation 0 Patemlly
? Divorce with Children ? Visitation D Other:
D Custody ? Child Support
o Separate Maintenanceo Modification
CASES WITH CHILDREN: No. of Children involved:
mes Gender Date of BkM
I
ISSUES REGARDING THE CHILDREN:
Petitioner is seeking the fora: Resoondere is seekino the foilowina:
? Legal Custody: ?Sole or OJow t D Legal Custody: ?Sole or DJoint
? Physical Custody: DSole or ?Joint -D Physical Custody: ?Sole or DJoint
? Visitation 0 Viisilation
? Child support: Wired or DThrough Child Support Registry D Child support: DDired or DThrough Child Support Registry
D Other. 0 Other.
30-Day Joint Compliance Worksheet
Fulton Comity Family Division
r
Have the parties attended the Children of Divorce Seminar? (Check if they have) o Petitioner o Respondent
ISSUES INVOLVING DIVORCE:
Date of Marriage:
Date of Separation:
Date of Divorce:
REQUEST FOR SERVICES FOR PARTIES:
? APPOINT Guardian ad Litem OR o TO BE DETERMINED
o The parties agree to use the following Guardian ad Litem: (name, address, and telephone number of
guardian)
o The parties prefer a Court Appointed Guardian ad Litem.
The expense will be borne by: o Petitioner o Respondent o Both parties Equally o To be determined
o MEDIATION
OR ? TO BE DETERMINED
o The parties agree to use the following private mediator:: (name, address, and telephone number of
mediator)
The expense will be borne by: a Petitioner o Respondent o Both parties Equally o To be determined
o The parties prefer to attend Court Sponsored Mediation
o COOPERATIVE PARENTING
OR ? TO BE DETERMINED
o CHILDREN'S DIVORCE SUPPORT GROUP OR ? TO BE DETERMINED
o PSYCHOLOGICAL EVALUATION OR o TO BE DETERMINED
? By Dr. of Fulton County Family Division
o By a Doctor chosen by the parties: (name, address, and telephone number of psychologist)
o The Parties each choose a doctor and that doctor then chooses the psychologist.
The expense will be bore by: o Petitioner o Respondent o Both parties Equally o To be determined
o LATE CASE EVALUATION OR o TO BE DETERMINED
? SUBSTANCE ABUSE TESTING ANIOR COUNSELING OR ? TO BE DETERMINED
The expense will be borne by: o Petitioner ? Respondent ? Both parties Equally ? To be 'determined
o OTHER
THESE REQUESTS MUST BE COMPLETED BY THE CONCLUSION OF THE 60-DAY STATUS
CONFERENCE, UNLESS FOR GOOD CAUSE SHOWN.
Comoinim
Fulton County Fwni7y Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, )
and ) Civil Action File No.
Respondent. )
PROPOSED PRE-TRIAL ORDER
Each party is required to complete each and every portion of this form that pertains to such
party, and to return this form and the attachments with a cover sheet showing the style of the case,
the Civil Action File Number, and the title, `Proposed Pre-trial Order'. The original is to be filed
directly with the Clerk, a courtesy copy shall be served with the case manager, and a copy shall be
served on the other party no later than fourteen (l4) days before the scheduled date of the late case
evaluation or as otherwise ordered by the Court.
By seven (7) days prior to trial or as otherwise ordered by the Court the parties shall confer
and consolidate statements and attachments and return this form and the attachments with a cover
sheet showing the style of the case, the Civil Action File Number, and the title `Consolidated Pre-
trial Order'. The original is to be filed directly with the Clerk, a courtesy copy with the case
manager and a copy shall be served on the other party.
After each party has been served with the opposing party's attachments, they may file an
objection as to either the form or substance of such attachments and the contentions contained
therein.
Proposed Pre-Trial Order
Fulton County Family Division
The primary purpose of this Order is to narrow the issues and to disclose to each side and to
the Court what matters are in dispute and what matters are undisputed, agreed upon or stipulated.
The Court deems that all parties are under a continuing duty to promptly advise the other
parry prior to both the late case evaluation and trial if any new theory of liability or defense arises, if
new witnesses or evidence is discovered, or if any statement in the Pre-trial Order is discovered to
be misleading or untrue so as to mislead, deceive or cause surprise to any party or the Court.
1.
ATTORNEY INFORMATION
The following individually-named attorneys are hereby designated as lead counsel for the
parties (include addresses, telephone and facsimile numbers):
Mother:
Father:
Guardian ad item:
II.
ISSUES OF JURISDICTION. VENUE OR SERVICE
Any issue of jurisdiction, venue, or service must be set forth in Attachment `A' with
particularity and the alleged fact basis for the same, or it is deemed waived.
Proposed Pre-Trial Order
Fuhoa County Family Division
III.
MOTHER'S CONTENTIONS
Mother has prepared Attachment `B' which contains a short and concise statement
explaining her contentions regarding the following issues where appropriate:
A. Divorce/annulment - state the grounds for divorce or annulment;
B. Paternity/legitimation;
C. Child Custody - include with the concise statement the name(s) and age(s) of the
child(ren); list all prior custody orders and/or visitation arrangements; and provide a
proposed custody and visitation schedule;
D. Child Support;
E. Alimony/separate maintenance;
F. Property Division - include proposed division using the attached form;
G. Other.
IV.
FATHER'S CONTENTIONS
Father has prepared Attachment `C' which contains a short and concise statement explaining
his contentions regarding the following issues where appropriate:
A. Divorce/Annulment - state the grounds for divorce or annulment;
B. Paternity/legitimation;
C. Child Custody - include with the concise statement the name(s) and age(s) of the
child(ren); list all prior custody orders and/or visitation arrangements; and provide a
proposed custody and visitation schedule;
Proposed Pre-Trhd Order
Fulton County Fsmily Division
D. Child Support;
E. Alimony/separate maintenance;
F. Property Division - include proposed division using the attached form;
G. Other
V.
FINANCIAL AFFIDAVITS
For actions involving alimony, child support, property division, and attorney's fees, both
parties have prepared and attached hereto Financial Affidavits, Child Support Worksheet and
Schedules pursuant to Uniform Superior Court Rule 24.2 (as modified for Family Division) with
their proposed orders.
VI.
DISCOVERY
All discovery has been completed, unless otherwise noted in Attachment `D', and the Court
will not consider any further motions to compel discovery. Provided there is no resulting delay in
readiness for trial, the parties shall, however, be permitted to take the depositions of any person(s)
for the preservation of evidence and for use at trial.
VII.
MOTIONS
There are no motions or other matters pending for consideration by the court except as
indicated in Attachment `E'. This excludes Motions in Limine which should be presented to the
Court as soon as possible prior to commencement of trial.
Proposed Pm-TrW Order
Felton Cowrty Fanily Division
VIII.
LIST OF WITNESSES
Attached hereto as Attachment `F-I' for the Mother and Attachment `F-2' for the Father,
is a list of all the witnesses and their addresses. The list must designate the witnesses whom the
party will have present at trial and those witnesses whom the party may have present at trial. Each
and every witness, even if a factual witness only, who, by reason of training, skill, or experience,
could be qualified at trial to render an expert opinion must be listed as a potential expert witness.
A witness designated by a party as one who will be present can be relied upon by the other
party to be at trial without the necessity of subpoena, unless notice to the contrary is given ten (I0)
days prior to trial to allow the other party(s) to subpoena the witness or to obtain testimony by other
means. A party must subpoena or otherwise independently arrange to have witnesses present that
are listed as witnesses that the party may call.
A witness presently known to a party who is not listed by such party, or any other party,
cannot be called to testify at trial without good cause. For example, good cause may be that by the
time of trial such witness was already known by the other party, or that the party has timely notified
the other party of this additional witness. Other examples of good cause may be where such
additional witness has just been discovered or the witness will testify to matters recently brought
into issue before or at trial.
IX.
DOCUMENTARY EVIDENCE, EXHIBITS AND RELATED COURT ORDERS
Parties should mark for identification all exhibits she or he presently, in good faith, expects
to introduce at trial. Further, the parties are directed to exhibit and, where possible, furnish a copy
Proposed Pre-Trial Order
Fulton County Family Division
of such evidence to the opposing party prior to the late case evaluation conference. All such
exhibits shall be made available for review at the late case evaluation.
Attached to each party's proposed Pre-trial Order shall be Attachment `G-1' for Mother
and Attachment `G-2' for Father, each listing exhibits that will be used at trial and briefly
describing each exhibit with sufficient particularity.
Attached to the Consolidated Pre-trial Order shall be Attachment `G-1' for Mother and
Attachment `G-2' for Father, each listing exhibits that will be used at trial by their respective
numbers and briefly describing each exhibit with sufficient particularity so that the opposing party,
after viewing the other party's Attachment and seeing the list, can identify specific exhibits for
purpose of objection. Unless noted, the parties have stipulated as to the authenticity of the
documents listed and the exhibits listed may be admitted without further proof of authenticity.
If either party discovers or determines that an exhibit(s) will be tendered at trial which is not
listed on their Attachment, then he or she must furnish a copy of the exhibit(s) or notify the
opposing party of this matter as soon as practical and no later than prior to the pre-trial hearing. Do
not attach the documents or copies of the documents to this Order.
A copy of the Final Judgment and Decree of Divorce, if applicable, and any other temporary
or permanent orders relating to the issues of this case shall be attached to this Order.
X.
PECULIAR PROBLEMS OR CONTINGENCIES REGARDING THIS CASE
Each party has set forth any problems or contingencies regarding this case in Attachment H'.
Proposed Pre-Trial Order
Fuhon County Family Division
XI.
BRIEF OF AUTHORITIES AND EVIDENTIARY PROBLEMS
Each party has requested to set forth any evidentiary problems known or foreseen by them at
this time. When desired, they may also submit case authority in support of, or in opposition to, such
evidence if tendered at trial.
All statutes, ordinances and regulations relied upon by either party shall be set forth in
attachment `I-l' for Mother and Attachment `I-2' for Father. The parties may submit any trial briefs
they so desire.
XII.
Mother:
EXPECTED TRIAL LENGTH
Father.
ANSWER THE FOLLOWING IN THE EVENT EITHER PARTY HAS FILED A JURY
DEMAND:
XIII.
QUALIFICATION OF JURY
Attached hereto as Attachment `J' and made a part of this order by reference are the
questions which the parties request that the Court propound to the jurors concerning their legal
qualifications to serve and associations that parties and counsel have that may create a conflict of
interest.
Proposed Pre-Trial Order
Fulton County Family Division
XIV.
REQUEST TO CHARGE/VERDICT FORM
Requests to charge must be submitted at the time the case is called for trial. Requests which are not
timely filed will not be considered except as permitted by the Court. Parties are directed to refer to
the latest edition of the Council of Superior Court Judges of Georgia, Suggested Pattern JW
Instructions: Civil Cases, 3rd-ed. , Vol. 1, in preparing the requests to charge. Those charges will
generally be given by the Court where applicable. Further, parties are cautioned that they need
to submit charges peculiar and particularly tailored to the case because the Court will use such
charges to flesh out the standard charges.
Parties also are directed to submit proposed verdict forms at the time the case is called for
trial.
It is hereby ORDERED that the foregoing, including the attachments thereto, shall constitute
the Pre-trial Order in the above case and supersede the pleadings which are hereby amended to
conform hereto, and this Pre-trial Order shall not be amended except by mutual consent or by order
of the Court to prevent manifest injustice.
This day of , 200`.
[NAMEI , JUDGE
FULTON COUNTY SUPERIOR COURT/FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
Each party hereby consents to entry of the foregoing Pre-trial Order, which has been
prepared in accordance with the form Pre-trial Order adopted by this Court.
MOTHER
FATHER
Proposed Pre-Trial Order
Fulton County Family Division
SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner, CIVIL ACTION
and FILE NO.
Respondent.
CHILD SUPPORT ADDENDUM
C1 The parties have agreed to the terms of this Order and this information has been furnished
by both parries to meet the requirements of OCGA §19-6-15. The parties agree on the terms
of the Order and affirm the accuracy of the information provided, as shown by their
signatures at the end of this addendum.
O This addendum includes findings of fact and conclusions of law and fact made by the Court,
in compliance with OCGA §19-6-15.
Application of Child Support Guidelines. The statutory requirements of OCGA §19-6-15
have been applied in reaching the amount of child support provided under the Final Order in this
action. The specifics are as follows:
1.
2.
3
4.
5
Gross Income - The Father's gross monthly income (before taxes) is $ ; the
Mother's gross monthly income is $ (before taxes).
Number of Children - The number of children for whom support is being provided under
this order is
Attachments - The Child Support Worksheet and Schedule E are attached and made a part of
this Addendum, along with any other applicable schedules.
Child Support Amount - The
support of the minor children, the sum of
Dollars ($ ) per month, beginning on
Duration of Child Support
shall pay to the , for the
20
[You must check & complete only one of the following paragraphs.)
D (a) Beyond Age 18 for High School - The child support shall continue monthly thereafter
until each child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated.
rovided tha enro man attending secondary
school on a full-time basis, then the child support shall continue for the child through the
Child Support Addaadum
Fulton County Fwnily Division
month when the child has graduated from secondary school or through the month when the
child reaches twenty years of age, whichever occurs first.
D (b) Stops at Age 18 The child support shall continue monthly thereafter until each
child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated.
0 (c) Until Further Order - This is not a final order, so the child support shall continue
until further order of this Court.
0 (d) Until Specific Date - The child support shall continue monthly thereafter until
6. Deviation from Presumptive Amount
[You must check & complete only one of the following paragraphs.]
0 (a) No Deviation - It has been determined that none of the Deviations allowed under
OCGA §19-6-15 applies in this case, as shown by the attached Schedule E. The amount of
support in Paragraph 4 above is the Presumptive Amount of Child Support shown on the
attached Child Support Worksheet.
0 (b) Deviation - It has been determined that one or more of the Deviations allowed under
OCGA §19-6-15 applies in this case, as shown by the attached Schedule E. The
Presumptive Amount of Child Support that would have been required under OCGA §19-6-
15 if the deviations had not been applied is $ per month, as shown on the
attached Child Support Worksheet. The attached Schedule E explains the reasons for the
deviation, how the application of the guidelines would be unjust or inappropriate
considering the relative ability of each parent to provide support, and how the best interest
of the children who are subject to this child support determination is served by deviation
from the presumptive amount of child support.
7. Split Parenting - A split parenting situation occurs when the parents have two or more
children together, where at least one of the children spends more than 50°/o of the time with
one parent, and at least one of the children spends more than 50%+ of the time with the other
parent.
[You must check & complete only one of the following paragraphs.]
0 (a) Not Split Parenting Case - This case does not involve Split Parenting.
0(b) Split Parenting Case -This is a Split Parenting case. Separate Child Support
Worksheets have been filed for the children living with the Mother and for the children
living with the Father, and a Child Support Order Addendum has been entered in this action
for each parent. At this time, the Mother is obligated to pay the sum of $ -- per
month to the Father, and the Father is obligated to pay the sum of $ per
month to the Mother.
[If you checked (b) above, you must check & complete only one of the following sub paragraphs.]
0 (1) Net Payment - For so long as these amounts remain in effect, the
shall pay only the difference between the two amounts (which is $ ) to the
Child Support Addendum
Fulton County Family Division
who shall not be required to pay the child support obligation to
the other parent.
O (2) Zero Payment - The parents' child support obligations are equal. For so long as
the amounts remain equal, neither parent shall pay any child support payment to the other
parent-
0 (3) Full Payment From Each - Each parent shall pay the full amount of his or her
child support obligation to the other.
8. Health, Dental & Vision Insurance for Children
[You must check & complete all parts of only one of the following paragraphs, (a) or (b).J
D (a) Insurance Available - The following insurance for the children involved in this
action is available at a reasonable cost to the through that
parent's employer or the PeachCare program:
Cl Health (medical, mental health and hospitalization) O Dental D Vision.
So long as it remains available to that parent, the shall maintain the
types of insurance checked above for the benefit of the minor children, until each child
reaches the age of eighteen, dies, marries, or otherwise becomes emancipated; except that if
a child becomes eighteen years old while enrolled in and attending secondary school on a
full-time basis, then the insurance shall be continued for the child until the month when the
child has graduated from secondary school or through the month the child reaches twenty
years of age, whichever occurs first.
(1) The parent who maintains the insurance shall provide the other parent with an
insurance identification card or such other acceptable proof of insurance coverage
and shall cooperate with the other parent in submitting claims under the policy.
(2) All money received by one of the parties for claims processed under the
insurance policy shall be paid within five (5) days after the party receives the money,
to the other party (if that other party paid the applicable health care service provider)
or to the applicable health care provider (if the provider has not been paid by one of
the parties).
O (b) Insurance Not Available - Insurance (other than Medicaid) is not available at this
time to either party at a reasonable cost. If health insurance for the children later becomes
available to the parent who is required to pay child support for these children, then that
parent must obtain the following types of insurance, unless it is then being provided by the
other parent:
0 Health (medical, mental health and hospitalization) D Dental O Vision.
When insurance has been obtained by either party, Paragraphs 8 (a)(1) and (2) shall apply.
9. Uninsured Health Care Expenses - The shall pay %
and the shall pay % of all expenses incurred for the
Child Support Addendum
Fulton County Family Division
children's health care (including medical, dental, mental health, hospital and vision care)
that are not covered by insurance. The path who fil curs a health care expense for one of the
children shall provide verification of the amount to the other party. That other party shall
reimburse the incurring parry (or pay the health care provider directly) for the appropriate
percentage of the expense, within fifteen (15) days after receiving the verification of a
particular health care expense.
10. Parenting Time Amounts - The approximate number of days of parenting time per year
according to the visitation order is days for the Father and days for the Mother.
11. Social Security Benefits
[You must check & complete only one of the following paragraphs.]
? (a) Not Received- The children do not receive Title II Social Security benefits under
the account of the parent ordered to pay child support.
? (b) Received - The children receive Title II Social Security benefits under the account of
the parent ordered to pay child support. The benefits received by the children shall be
counted as child support payments, and shall be applied against the final child support order
to be paid by that parent.
(1) If the amount of benefits received is less than the amount of support ordered, the
obligor shall pay the amount exceeding the Social Security benefit.
(2) If the amount of benefits received is equal to or more than the amount of
support ordered, the obligor's responsibility is met and no further support shall be
paid.
(3) Any Title 11 benefits received for the children's benefit shall be retained by the
custodial parent or nonparent custodian for the children's benefit, and it shall not be
used as a reason for decreasing the final child support order or reducing arrearages.
12. Modification
[You must check & complete only one of the following paragraphs.]
? (a) Not Modification Action - This is an initial determination of child support, not a
modification action.
? (b) Support Not Modified - This action is a modification action, but the order does not
modify the amount of child support that was previously ordered for these children The date
of the initial support order concerning this child support case was:
? (c) Support Amount Modified - The Order modifies the amount of child support that
was previously ordered for these children.. The basis for the modification is:
? (1) Substantial change in the income and financial status of the Father;
? (2) Substantial change in the income and financial status of the Mother;
? (3) Substantial change in the needs of the Children;
? (4) The noncustodial parent failed to exercise visitation provided under the prior
order;
? (5) The noncustodial parent has exercised more visitation than was provided in
the prior order.
The date of the initial support Order concerning this child support case was:
Child support AddoWum
Fuhon County Family Division
13. Continuing Garnishment for Child Support - Whenever, in violation of the terms of the
order, there shall have been a failure to make the support payments, so that the amount
unpaid is equal to or greater than the amount payable for one month, the payments required
to be made may also be collected by the process of continuing garnishment for support.
14. Income Deduction Order
[You must check & complete only one of the following paragraphs: (a), (b) or (c).]
D (a) An Income Deduction Order shall be entered by the Court, under OCGA § 19-6-32,
for payment of the child support and alimony (if any) provided. The Income Deduction
Order shall take effect:
[To finish (a), you must check either (1) or (2). Do not check both]
D (1) immediately upon entry by the Court.
? (2) upon accrual of a delinquency.equal to one month's support. The Income
Deduction Order may be enforced by serving a "Notice of Delinquency," as
provided in OCGA § 19-6-32 (f).
? (b) The parties agree that an Income Deduction Order is not immediately necessary.
0 (c) The Court finds that there is good cause not to require income deduction, having
determined that income deduction will not serve the children's best interests and that there
has been sufficient proof of timely payment of any previously ordered support.
Parties' Consent (if applicable) - We knowingly and voluntarily agree on the terms of this Order.
Each of us affirms that the information we have provided in this Addendum is true and correct.
Father's Signature
Mother's Signature
CM7d Support Addendum
Fuhon county Family Division
ORDER
The Court has reviewed the foregoing Child Support Addendum, and it is hereby
made the Order of this Court.
This Order entered on . 20
. JUDGE
SUPERIOR COURT OF FULTON COUNTY
ATLANTA JUDICIAL CIRCUIT
Child support Addrndum
Fuhon Cowq Family Division
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IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
V
Petitioner,
and
-31
--
Respondent.
)
}
CIVIL ACTION FILE
NO.
FINAL AGREEMENT
The parties have agreed to the following terms on a full and final basis and agree to abide by such
terms. Further, the parties request that this Court incorporate their terms of agreement into a Final Judgment
and Decree of Divorce. The terms of the final agreement are as follows:
Cust
Legal
Physical
Visitation:
Child Support (Also see Child Support Computation Addendum to Final Order):
Children's Medical Coverage:
Income Premiums
Uncovered Expenses
Life Insurance:
College.
Final Agrmment
Fuhon Cow" Family Division
.{
Post-Secondary School Expenses:
Ahmom:
Possession of Marital Home:
Possession of Other Real Property:
Possession of Motor Vehicles:
Equitable Division of Other Marital Assets. Including All Liquid Assets:
Debt Payment Responsibilities:
Attorney's Fees:
Other:
Signed this day of .200-. Signed this day of .. 200 .
MOTHER
FATHER
jNAME] JUDGE
FULTON COUNTY SUPERIOR COURT/ FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
Final Agreement
Fulton County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner,
and
Respondent.
Civil Action File No.
SCHEDULING ORDER
The parties, having appeared in person at the (____-Day Status Conference) (Temporary
Hearing) on 20Q, are hereby ORDERED to adhere to the following
schedule:
1. All further discovery shall be completed by , 209_, subject to the
statutory duty to supplement discovery through commencement of trial.
2. (a) The parties' depositions shall be completed no later than
200.
(b) _All other depositions, except by agreement of counsel or for trial
preparation, shall be completed no later than , 200
3. The parties shall attend mediation no later than , 200-.
4. The parties (and, if applicable their children) shall meet with for
psychological/child custody evaluation. The expense will be paid by
5. The parties shall meet and be evaluated by a Guardian ad Utem, to be appointed by
the Court or by , who has been selected by the parties. The
expense will be paid by
6. The parties and their counsel shall appear in Courtroom on _
200_, at a.m./p.m. for the -Day Status Conference.
schedaing order
Fulton County Family Division
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Continue, where applicable:
7. The parties shall attend Late Case Evaluation with , no later
than 200. The expense, if any, will be paid by
8. This case shall be placed on the trial calendar,
commencing at a.mdp.m.
9. The parties shall attend and complete Cooperative Parenting Classes with
no later than .200-.
10. shall attend counseling, to be
completed by 11200-.
11. Other.
SO ORDERED this day of 200.
[NAME] , JUDGE
FULTON COUNTY SUPERIOR COURT
FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
scheduling order
Fund, County Family Division
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner,
Civil Action File No.
and
Respondent.
CONSOLIDATED SCHEDULING ORDER
The parties, having agreed upon the terms and provisions as set forth below, and by so
doing, having agreed upon all issues for discussion and determination at the 60-Day Status
Conference, and such agreement having been reviewed by this Court, it is hereby ORDERED that
the parties adhere to the following schedule:
1. All further discovery shall be completed by , 200. Specific
or unique issues or discovery procedures are to be addressed and completed as
follows:
2. (a) (Only if different from prior Scheduling Order) The parties' depositions shall be
completed no later than , 200_.
(b) (Only if different from prior Scheduling Order) All other depositions, except by
agreement of counsel or for preparation for trial, shall be completed no later than
,200-.
3. (Only if different from prior Scheduling Order) The parties shall attend mediation no
later than , 200.
4. Psychological/Custody Evaluation to be completed no later than ,
200. Specific or unique. issues are to be addressed and completed as follows:
5. Guardian ad Litem report to be completed no later than '200 .
Specific or unique issues are to be addressed and completed as follows:
Consolidated Scheduling Order
Fulton County Family Division
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6. Other:
The major remaining disputed issues are as follows:
The parties shall make the following efforts in an attempt to resolve the remaining disputed
issues listed above:
The parties agree a Late Case Evaluation (will be) f (will not be) helpful in facilitating
settlement of the case.
(If applicable), the parties shall attend Late Case Evaluation with , to
be completed no later than , 200 . (If applicable and not filled in, to be
completed by the Court.)
This case shall be placed on the trial calendar, commencing at
a.mJp.m. (To be completed by the Court.)
SO ORDERED this
day of
200^
[NAME] , JUDGE
FULTON COUNTY SUPERIOR COURT
FAMILY DIVISION
ATLANTA JUDICIAL CIRCUIT
Consolidated ScbWuting Order
Fnhon County Funny Division
STATE OF GEORGIA
Report of Divorce, Annulment or Dissolution of Marriage
Type or paint all information
1. CM Aetba Numbs L Date Decree Graced (ago., day, year) 3. County Deere Granted -
4. Wk's Name (5rst, middle, but) S. Makes wa Last Name 4 Date at MO (ma., day, year)
7. Caway of Reddeace
9. Bubmad's Name (itwt, m"C' ltit, leas albs) L Number of Tbb Marriage (I",
It Date of Bkti (ao., dry, yeor) , etc.)
11. Comely of RaWeace
= Number of M& Marriage (1-, , etc.)
14. Spec* Groom& For Dlreree (194-3, OCGA) 13. Date of Tbb MarrIM (mo., day, year)
15. Number of (b1drte Less T Um la Affected by M& Decree
This above Report may be reproduced by use of a computer. However, the 6oished Report mast be a close
repre?etion of the origieal, and prior review and approval mud be obbhW from the Stale Regidrar before use.
(3140-7, O C.G.A.)
31-10-22. Peeard of divorce, dissolutions, and annulments.
(a) A record of each divorce, dissolution of marriage, or
annulment granted by any court of competent jurisdiction in this
state shall be filed by the clerk of the court with the department
and shall be registered if it has been completed and filed in
accordance with this Code section. The record shall be prepared by
the Petitioner or the Petitioner's legal representative on a form
prescribed and furnished by the state registrar and shall be
presented to the clerk of the court with the petition. In all
cases,. the easpleted record shall be a prerequisite to the
granting of the final decree.
(b) The clerk of the superior court shall complete and forward to
the department on or before the tenth day of each calendar month
the records of each divorce, dissolution of marriage, or annulment
decree granted during the preceding calendar month.
Form 3907 (Rev. 10-2002)
COMMUN M RESOURCES
for additional resources go to: www.unitedwayatlanta.org
Services CiUd-ren
Georgia Center for Children ...........................:. Fulton Co. (678) 9042880 / DcKalb Co. (404) 377-4060
Georgia Council on Child Abuse .............................................................................(800) 532-3208 / (404) 870-6565
Child Psychiatry ................................................................................................................................. (404) 616-2215
Services for Famines and Individuals
I
A-Phis (Supervised Visitations by Court Order Only) ........... . ...................................................... (770) 458-4574
Adult Protective Family Services .................................................................................................:.... (404) 657-8000
Advantage Counseling Service ........................................................................................................... (770) 471-0033
AID Atlanta Administration ....................................................................................(404) 870-7700 / (404) 8724"
AID Atlanta Hotline ....................................................................(800) 590-2437 / (800) 551-2728 / (404) 876-9944
Alcoholics Anonymous ......................................................................................................................(404) 525 3178
Center for Counseling Services .................. .................................................................................. (770) 3945447
Cooperative Parenting Institute .......................................................................................................... (404) 315-7474
Counseling and Educational Services ................................................................................................. (404) 373-8034
Crime Victims Advocacy Council ...................................................................................................... (770) 333-9254
Criminal Justice Coordinating Council (Victims' Compensation Fund) ............................................ (404) 559-4949
Compassionate Friends (Grief Support) ............................................................................................. (770) 491-8784
Department of Family and Children Services .................................................................................... (404) 6574M
Families First (Counseling, Supervised Visitation, Parenting Classes, etc.) ...................................... (404) 853-2800
Fathers' Resource Center .................................................................................................................... (404) 753-6040
Fulton County Alcohol and Drug Treatment ...................................................................................... (404) 752-8766
Fulton Cotmty Health Department ...................................................................................................... (404) 730-1211
Fulton Cowry Mental Health ............................................................................................................. (404) 730-1600
Grady Rape Crisis Center ................................................................................................................... (404) 616-4861
High Impact (Anger Management) ..................................................................................................... (404) 523-6074
Integrated Counseling Services, Inc .................................................................................................. (404) 377-5556
The LINK Family Counseling Center ..................... Sandy Springs (404) 256-9797 / Cobb County (770) 541-1114
Mothers Against Drunk Driving ........................................................................................................ (404) 223-3331
Odyssey Family Counseling Center ....................... Fulton County (404) 669-3462 / Henry County (770) 957-6256
Partnership Against Domestic Violence ............................................................................................. (404) 873-1766
Rape Abuse Incest National Network ..................................................................................1-800-656-HOPE (4673)
St. Jude's Family Preservation Group ................................................................................................ (404) 8742224
St. Jude's Recovery Center (Substance Abuse) ............................................ .................................. (404) 249-6272
Tangu, Inc. (Counseling for adults, youth and families) .................................................................... (404) 5234599
Victim Witness Assistance Program (Fulton County D.A.'s Office) ...................................... (404) 730-4986 / 4983
Victim Witness Assistance Program (Fulton County Solicitor's Office) ........................................... (404) 730-6983
Victim Witness Assistance Program (City of Atlanta Municipal Court) ................................. (404) 865-8100 / 8127
Patenity Testier:
American Red Cross ........................................................................................................................... (404) 253-5448
DNA Diagnostics Center ...................................................................................................................1-800-613-5768
Laboratory Corporation of America .................................................................................................. 1-800-621-8037
Paternity Testing Corporation ............................................................................................................1-888-837-8323
Substance Abuse Treatment
Cotmseling and Educational Service ............................... ........... (404) 373-8034
Integrated Counseling Services, Inc ................................................................................................... (404) 377-5556.
St. Jude's Recovery Center, Inc ......................................................................................................... (404) 249-6272
Support Groups
Center for Counseling Services .......................................................................................................... (770) 3945447
Roswell United Methodist Church: Support Group Ministries ........................................................... (770) 261-1767
Last printed 6/22/2007 3:22:00 PM
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Ebonee Sessomes : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
Darren Curry Jr.
Defendant NO. 09-SGj CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Ebonee Sessomes, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Date 0210310,
--1
Respectfully submitted,
adiAnn M. Kirby
Certified Legal Intern
All . A
ROBEP(/I' E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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EBONEE SESSOMES IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-564 CIVIL ACTION LAW
DARREN CURRY, JR.
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, February 05, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 05, 2009 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ jacqueline M. Verne Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE''OU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Ebonee Sessomes, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
CUSTODY
Darren Curry Jr.,
Defendant NO. 09 - 564 CIVIL TERM
CERTIFICATE OF SERVICE
I, TrudiAnn M. Kirby, Certified Legal Intern, Family Law Clinic, hereby certify that I
served a true and correct copy of the Petition for Special Relief and the Complaint for Custody,
in the above- captioned matter, on Darren Curry Jr., residing at 110 Hembre Forest Circle,
Roswell, Georgia 30076, by depositing a copy of the same in the United States mail, certified,
restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt
by Darren Curry Jr., on the 7th day of February 2009 as evidenced by the attached green card.
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ROBERT E. RAINS If
THOMAS M. PLACE
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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PEI 0 3 2009
Ebonee Sessomes,
Plaintiff/ Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. CIVIL ACTION -LAW
IN CUSTODY
Darren Curry Jr.,
Defendant/ Respondent No. (? - CIVIL TERM
ORDER OF COURT
AND NOW, this i L ` day of , 2009, upon consideration of the attached
Petition for Special Relief, it is hereby Ordered as follows:
1. The petitioner, Ebonee Sessomes, shall have temporary legal and primary
physical custody of her minor child, Darren Curry III, born January 23, 2004,
until further Order of Court.
2. The respondent, Darren Curry Jr., shall immediately return Darren Curry III to
Ebonee Sessome's care and custody, at his sole expense.
3. The respondent, Darren Curry Jr., shall not remove Darren Curry III from the
jurisdiction of this Court pending further order of this Court.
4. A hearing regarding this Petition for Special Relief is hereby scheduled for the
18 day ofZGtA. , 2009 at 14 3 0 o'clock J?M in Courtroom
Number ?(_, Cumberland County Courthouse, Carlisle, Pennsylvania 17013,
at which time the parties along with their legal counsel shall appear in person.
• BY TH COURT,
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EBONEE SESSOMES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VI. : NO. 2009-564 CIVIL ACTION - LAW
DARREN CURRY, JR.,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this / / day of 0?4,, A , 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated February 12, 2009 is vacated and the
hearing scheduled for March 13, 2009 at 10:30 a.m. is hereby cancelled at the request of
the Plaintiff.
2. The Mother, Ebonee Sessomes shall have sole legal custody of Darren
Curry, III, born January 23, 2004 and Dayvon Curry, born January 4, 2007.
3. Mother shall have primary physical custody of the children.
4. Father shall have periods of partial physical custody as agreed by the
parties. In the event that the parties agree to periods of partial physical custody for
Father, Father shall communicate in writing to Mother as to the transportation
arrangements and who will pay for the transportation of the children.
5. Neither party shall do anything or say anything, nor permit any third party
from doing or saying anything that may estrange the children from the other party, or
injure the opinion of the children as to the other party, or may hamper the free and natural
development of the children's love or affection for the other party.
6. Because Dayvon is allergic to seafood, neither party may let Dayvon
consume seafood while he is in their custody.
7. This Order is entered pursuant to a Custody Conciliation Conference. The
parties may modify this Order by mutual consent. In the absence of mutual consent, the
terms of this Order shall control.
cc'TrudiAnn M. Kirby, certified legal intern, counsel for Mother
Robert E. Rains, Esquire, Family Law Clinic
Darren Curry, Jr., pro se
100 Hembre Forest Circle
Roswell, GA 30076
1 t kS nom. tLCL
-?3-?-! e%q
BY THE COURT,