Cobb County Divorce Attorney Blog | Marietta Child Support Lawyers | Georgia Child Custody Law Firm

Georgia child support roles changing?

2013-05-22T19:56:23Z

Georgia parents may be interested to find out it is not uncommon for mothers to pay child support. When one thinks of child support payments, the mind usually wanders to the father. The father has traditionally been looked upon as the one who leaves the family and, even so, is sought for continued financial support.

Times have been changing for a few years. According to a report, there are several reasons why a mother is not able or willing to stay with her family and is sought to provide child support. There may be some unavoidable reasons such as her job, especially if she is in the military and is deployed for long periods of time, serving prison sentences, or mental or drug rehabilitation stays.

]]> Sometimes, however, a woman simply no longer wants the responsibility of her family, much like the reason a father may leave. She may feel inadequate to raise her children and that the father can do a better job, she may feel she wants something more from her life than her children, or it may even be leaving for another person. A woman choosing to leave her family is judged more harshly than a man in the same situation and it usually has connotations that she may be mentally or morally in the wrong.

As men are showing more and more often that they can be able single parents, courts are awarding custody of children to the fathers in situations like these. Whereas women are often seen as the parent seeking child support from the fathers, not as many fathers are pursuing child support from the mothers who leave. One reason could possibly be that, as men, they feel they should be the providers whether or not there are two available parents.

Many men and women, not only in Georgia but also in other states, find themselves in seeking and providing child support on the part of the mother. This can be a very complicated situation for all parties involved. Counseling and support groups are available for those who feel they need help. For those obligated to pay support that they can no longer afford, our courts will consider applications to modify future payments based upon a showing of a substantial change in financial circumstances.

Source: The Washington Times, "When mothers abandon their children or families," Paul Mountjoy, May 07, 2013

Georgia residents considering divorce have ways to protect assets

2013-05-20T18:54:32Z

In most divorce cases, whether in Georgia or any other state, there are usually many factors to consider. One of the most daunting factors is that of protecting the assets of one or both parties, especially if those assets are of a considerable amount. There are steps that can be taken before or during a marriage that would ensure asset protection should a divorce be imminent.

The first is to know your spouse's finances before entering into marriage. Although many partners may be tempted to keep financial secrets from each other, it is best to disclose even the worst of financial circumstances before marriage. The next step would be to consider keeping credit separate, including credit cards and bank accounts. Keep in mind that any assets obtained during the marriage may be considered joint property, even if they are kept under the name of just one of the spouses. Keeping a record of spending of both parties is always a good practice.

]]> Any property bought together should be in the names of both parties, so each party will be guaranteed at least part of the property in the event of a divorce. Also, it is best to keep records of all important financial documents. A prenuptial agreement is another consideration, especially if one party is bringing a lot of wealth to the marriage. Some people feel having a 'prenup' is setting up the marriage to fail before it even begins but others believe it is a smart financial move. Being prepared to change your will and the beneficiary of your life insurance policies is yet another step in protecting your assets.

For further protection, it is always a good idea to become familiar with the divorce laws in the state. The state of Georgia may have specific requirements that other states may not enforce. Divorce is not something anyone enters into marriage thinking about but there are times when there is no other alternative. It is best to be prepared for any circumstance and help is available.

Source: GoBankingRates.com, "How to Protect Your Assets in a Divorce Like Kim K," Stacey Bumpus, May 05, 2013

In a Georgia divorce the children may take a primary role

2013-05-15T18:25:42Z

A divorce is hard on everyone. From the parties directly involved to the children, there are numerous ways in which a divorce can affect lives of those who are either directly or indirectly involved in the divorce process. However, by understanding how the process goes, the family can take the proper steps to ensure that they proceed through the Georgia legal process with as little damage as possible.

Children often suffer the most impact by a divorce of their parents. There are a wide range of emotions a child may feel when they find out about the divorce, including feelings of them playing a role in the divorce and a sense of helplessness as they feel that they do not have a say in the matter. Mental health professionals have suggested a collaborative approach to talking about the divorce with the children.

]]> Avoiding negative talk about the other parent is one way to avoid excess stress being imposed on the child. Also, by leaving out emotional details of the process, but by also keeping the child informed of what's going on, a child may be able to open up. This may allow them to discuss how they are feeling, which can take a huge weight off their chest. Moreover, it may allow both parties to come to reasonable solutions as they continue to think of the child's best interests in determining how they settle the proceedings.

When a divorce has been filed in a Georgia court, a resolution may appear to be a long ways off. However, by taking a concentrated and calculated approach, which includes the involvement of the parties' children, a solution can be achieved in a reasonable amount of time. This type of approach can ensure that everyone's best interests are protected as everyone tries to move on with their life in a healthy and fulfilling manner.

Source: The Southern Illinoisan, "Diary of a child of divorce," Stephanie Duckworth, May 14, 2013

Who gets the frequent flyer miles in a Georgia divorce?

2013-05-13T16:44:06Z

When a marriage ends in divorce, it can feel as if there is an endless list of decisions to be made and tasks to be accomplished. Some issues loom large, such as child custody or property division. Others are relatively minor, and can seem insignificant. However, the net effect of the seemingly minor details can have a significant impact on one's life after divorce, and these matters deserve attention during the Georgia divorce process.

One example is travel points accumulated during the duration of the marriage. While a few hundred frequent flyer miles may not amount to much, for individuals who travel often for work or leisure, these benefits can add up to serious value. Points in the hundreds of thousands are not uncommon, and can be redeemed for free flights, services, gift cards and other benefits.

]]> The first step is to determine the current point balance and evaluate whether the value of that asset is worth the legal costs associated with procuring a share of it. Once the decision to pursue the asset has been made, the manner in which the points can be divided comes into play. In some cases, the issuing airline will allow the couple to simply divide the points between two accounts. In other cases, transferring points is not permitted, and the asset will have to be negotiated between the parties. When negotiating the division of this particular asset, couples have a wide range of options.

How to divvy up the frequent flyer miles may not ran at the top of most couples' divorce checklist, but it is an issue that can be of interest to many Georgia spouses. Taking an all-expenses-paid vacation at the end of one's divorce process is a nice way to begin life as a single person. This is just one example of a type of marital asset that is often overlooked. When moving through a divorce process, every effort should be made to be as comprehensive as possible, so that the most favorable outcome can be reached.

Source: Huffington Post, "Divorce Air Wars," Stann Givens, April 27, 2013

College funding is separate from child support

2013-05-11T16:41:36Z

For many Georgia parents, one of the most important aspects of their divorce process involves determining how their children will be provided for financially. These discussions often center around issues of child support. While child support is the primary means of providing for the needs of a child, there are many other considerations that fall outside of simple child support payments.

One example lies in finding a college education. While parents may not be legally obligated to provide the means for obtaining a college degree, many aspire to do so, and plan accordingly. However, divorce can throw a wrench in those plans, and parents are not always able to agree on a savings plan that will allow their kids to go to college.

]]> The best way to avoid any confusion or conflict regarding college funding is to address the issue during the divorce process. Parents can come to an agreement about how to handle any existing college savings, such as freezing those accounts until they are needed. It is also possible to structure an agreement that lays out which party will be required to fund a certain percentage of the cost of a college education. In some cases, parents can have a great deal of flexibility in how and where they invest, as long as there is money being put away for the end goal of a college degree.

Divorce can be a stressful time, and there are a wide range of considerations to address. However, handling the issue of college funding at the same time that child support matters are addressed can save a great deal of contention and disappointment down the road, and can allow all parties to move forward with an understanding of what to expect from the future. In the best case scenario, divorced parents in Georgia may find themselves discussing what to do with any remaining funds once their child has completed their education, which is a much more pleasant item to negotiate.

Source: US News and World Report, "Discuss College Savings During Divorce Process," Reyna Gobel, April 29, 2013

Georgia couples may be inspired by Simpson asset division

2013-05-10T20:48:55Z

When a well established couple gets a divorce, there are a number of things that can present complications and heartache for the couple and their family. But not every divorce case has to be lengthy and grueling as one recent celebrity account may demonstrate. Georgia couples with complex assets considering divorce may find that it is, in fact, very possible to reach an amicable and fair asset division.

The divorce of Joe and Tina Simpson has been highly publicized, largely due to the fame of their daughters Jessica and Ashlee Simpson. As their daughters' managers, Joe and Tina each had valuable assets, and joint assets that required division when they filed for divorce. According to one recent report, among those assets was a life insurance policy on Jessica for greater than $4 million.

]]> It appears that the couple chose to be fair in their division of property and chose to divide their assets equally. In addition to the life insurance policy, the couple divided their real estate, vehicles, numerous bank accounts and management fees. When the couple originally filed for divorce, there was speculation that the proceedings would be messy, however, these recent reports seem to indicate otherwise.

Georgia couples may not have multimillion-dollar estates to divide. However, every divorce can present unique concerns and complications. Couples may find Joe and Tina Simpson's even-handed asset division inspiring, and may choose to find amicable measures to resolve their relationship. In many cases, seeking the right channels of support can dramatically increase a couple's chance for a smooth settlement, in or out of court.

Source: liveinsurancenews.com, "Life insurance on Jessica Simpson split between divorcing parents," Julie Campbell, April 29, 2013

Tips for navigating child custody agreements

2013-05-09T16:38:21Z

For many Georgia parents, the first year following a divorce can be a challenge. There are a great many adjustments that must be made, and the entire family has to realign their lives to fit the new child custody structure. Co-parenting with a former spouse can be difficult, especially as parents work out the ins and outs of the new child custody arrangement. There are some pointers, however, that can help ease the process for all involved.

One good place to begin is to honor and respect the importance that the other parent plays in the life of their child. Just because the marriage ended, the parent-child bond remains, and it should be treated with care. It is never a good idea to speak poorly of the other parent in the presence of the child.

]]> In addition, it is imperative that each parent shares in the major moments of a child's upbringing. These include special events, significant milestones and the celebration of holidays and accomplishments. By actively supporting the other parent's involvement in the child's life, a parent is not only providing a good example of how to interact with others, but also makes the child feel comfortable and loved, instead of being placed in the center of adult disputes.

It should first be pointed out that in order to successfully co-parent, each former spouse must be able and willing to assume new roles in the lives of their children. While some things will remain the same, there will be changes as everyone adapts to two households instead of one. While many former spouses will be able to make this transition with relatively few concerns, there are cases in which it becomes necessary to ask a Georgia family court judge to modify the existing child custody agreement.

Source: Huffington Post, "4 Ways To Co-Parent More Successfully After Divorce," Rosalind Sedacca, April 20, 2013

Financial errors spouses should avoid in a divorce

2013-05-08T20:47:01Z

When going through a divorce, many spouses begin to feel overwhelmed by the sheer number of decisions that must be made. It can be a stressful time, even with the promise of a new life on the horizon. For many in Georgia, the most important consideration is to approach the divorce process as just that, a process that has a distinct beginning, middle and end. By looking at the experience in this way, it can be easier to avoid common financial errors that can have lasting negative repercussions.

One mistake that is commonly made is to enter the process without a clear and comprehensive understanding of one's current family financial scenario. The best course of action is to compile current information concerning all assets, debts and tax matters before filing, or shortly thereafter. A wide range of decisions will rely on this information, and in some cases a disgruntled spouse can make accessing this information difficult. Preparation can make a world of difference in the eventual outcome of the process, and the length of time it takes to get to that point.

]]> Another factor involves planning for one's financial future. Regardless of one's position within the marriage, there will be financial changes once the divorce is final. In the case of spouses who will rely heavily on child or spousal support in the years following their divorce, it is imperative to make planning choices that accurately reflect one's likely financial position. Tax experts and financial planners can help guide the decision-making process, and can help create a workable budget.

When entering into the Georgia divorce process, proper preparation can greatly influence the ultimate outcome. While the steps along the way can feel overwhelming, it is important to remember that the end result is a life structured by one's own choices and desires. Building a solid financial foundation can help make that life easier to attain.

Source: Ellwood City News, "Financial Concerns During a Divorce," Robert A. Powell, May 2, 2013

Increasing numbers of 50+ couples are choosing to divorce

2013-04-26T22:40:58Z

In the past, it was not common to see married couples deciding to split up after they had reached the age of 50. Usually, by this time married couples have been in relationships for a significant period of time with more financial and emotional ties formed than many younger couples in Georgia. However, recent divorce statistics released have revealed that the number of divorces for people older than 50 years has doubled in the last two decades.

Many experts believe that pressure to stay within social norms kept many unhappy marriages from going through divorce in the past. Women were less common in the workplace in the past, compared to today's society. This relatively new financial freedom makes women less financially dependent upon their husbands, while also reflecting a change of attitude in American society.

]]> This change may have prompted many older couples, who had been unhappy with their marriages for some time, to finally make the move to file for a divorce. According to 2009 statistics, one in every four divorces was among people 50 years and older. This is a large increase from 1990 when this statistic was only 8 percent.

No matter what age a couple is in Georgia, they will still have to settle some of the same issues when they decide to divorce. Many times, child custody and child support issues are not relevant since most children of older couples are independent adults living on their own. However, division of property and spousal support may still need to be addressed, and retirement issues may complicate the short and long term financial landscape for each party to the proceedings.

Source: The Columbus Dispatch, "More couples splitting up after 25-year itch," Amy K. Saunders, April 23, 2013

Mother sentenced for failing to pay child support

2013-04-23T21:02:27Z

Many times after a divorce, it is the children who suffer the most. Not only is it emotionally draining for children to watch the marriage of their parents fall apart, but it can also cause some financial hardships as well. If one parent in Georgia does not fulfill his or her child support obligations after a divorce, it can hinder a child's opportunities due to lack of financial stability.

Also, failing to make support payments for children can be detrimental to the parent as well. It can result in monetary fines and even time behind bars. One 39-year-old woman found this out when she was recently sentenced on two felony charges for failing to pay child support. The mother pleaded guilty to both counts.

]]> The judge handed the mother a five year prison sentence. However, the judge granted the mother a suspension of the sentence, which kept her from prison. The judge then ordered the mother to pay $5,000 towards what she owed in child support. An additional $270 per month was then added to her regular monthly support payments.

The authorities will eventually punish a person for not making their child support payments in Georgia or in any other state. However, there are ways to avoid having to deal with fines and potential time behind bars. When a parent is falling behind on support payments, it may be a good idea to petition the court to modify support payment schedules. This type of proceeding requires a showing that there has been a substantial change in financial circumstances that was not the fault of the petitioner. This can help the parent obtain more manageable monthly child support payments.

Source: myfoxdfw.com, "Woman pleads guilty in child support case," April 15, 2013

Child custody case makes its way to Supreme Court

2013-04-19T13:49:54Z

An unusual case is currently before the U.S. Supreme Court. At the heart of the case is a child custody dispute between an adoptive family and a biological father. Child custody issues are always emotionally charged, and cases in which one's parental rights are at stake can become even more stressful for parties in Georgia and elsewhere. In this case, both sides have a great deal to lose, and there will be no clear winners, regardless of the outcome.

The child at the center of the dispute is now three years and seven months old. At the time of her birth, the child's mother placed her for adoption. She went home with an adoptive family the day after she was born. However, when the biological father found out that his daughter had been adopted, he opposed the adoption. The adoptive family challenged his rights in court, arguing that he had failed to exert his parental rights due to his lack of financial support to the mother during the course of her pregnancy.

]]> The father is a member of the Cherokee Nation. The biological mother is of Hispanic descent. A federal law protects the rights of Indian parents through the Indian Child Welfare Act, which bars the ability of non-Indian parents to adopt Indian children. The Act was passed in the 1970s in response to concerns that Indian children were being improperly separated from their parents and placed for adoption with non-Indian families.

The father won his initial court action, and the child was returned to his care when she was 2 years old, and has resided with him since that time. On appeal, the state's Supreme Court upheld that decision. The Supreme Court is now tasked with determining if the father's parental rights will remain intact, or if the child is to be returned to the care of the adoptive parents. The outcome could affect the manner in which the Indian Child Welfare Act is applied in future child custody cases, which is of interest to Indian parents in Georgia and across the nation.

Source: The Christian Science Monitor, "Supreme Court to hear child custody fight; at crux is law on tribal rights," Warren Richey, April 15, 2013

Property division issues should be addressed before divorce

2013-04-17T19:40:17Z

Hindsight is 20/20. This is perhaps more true in matters of marriage and divorce than in any other arena. The old adage is appropriate, however, when it comes to the financial ramifications of a divorce. When a Georgia couple is faced with the need to address property division matters, a degree of preplanning can go a long way toward a successful outcome.

In handling property division, the focus is often on protecting one's assets from the other spouse. A better way to look at the process would be to work together to retain as much of the family's assets as possible, so as to have more to put toward the goals of each individual spouse once the divorce is final. Excessive litigation can quickly deplete one's financial holdings. By outlining how assets are to be divided in the event of a divorce, a great deal of expensive legal wrangling can be avoided.

]]> Couples can formalize the allocation of assets in a number of ways. For those that have yet to wed, a prenuptial agreement is the best approach. For couples who are already married, similar protections can be written into a postnuptial agreement. These documents can be tailored to the specific needs of each couple. For example, in marriages where there are children from a previous marriage, a written agreement can outline how the parent plans to pass certain of their separately owned assets to those children.

Taking steps to clearly define which assets belong to each spouse and how property division would be handled in the event of a divorce, couples are making wise decisions about their financial future. In many cases, these protections will never be called into play. However, in the event that a Georgia marriage ends in divorce, having these matters already outlined within a legal document can make the process easier for all involved.

Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013

Making smart financial decisions after a divorce

2013-04-11T20:36:38Z

The months leading up to a divorce can be a challenging time, filled with items that demand attention and a feeling of charting new waters. For many in Georgia, making financial decisions can feel overwhelming in the midst of so many other changes, some of them deeply personal. However, money matters should rank at the top of any divorce to-do list.

In many cases, a spouse is aware that they will receive a sizable sum at the end of their marriage. Determining how best to utilize this money is important, as the decisions made now can have lifelong consequences. Some spouses simply assume that the best use of money received from divorce is to pay down or eliminate their mortgage.

]]> While eliminating or reducing one's mortgage payment is often a solid financial move, care should be given that this is the best way to invest. One rule of thumb is that if it is possible to earn more from investments than what is being paid out on a mortgage, choosing to invest is the right course of action. This is especially true once the tax ramifications are factored into each path.

Each financial scenario is unique, and there is no one-size-fits all solution. For some individuals, the security of knowing that their money is safely and conservatively invested is priceless; others can shoulder a greater level of risk in their investments, and could enjoy greater returns as a result. For Georgia residents who are considering their options following divorce, there is plenty of solid financial advice available to guide the way.

Source: Fox Business, "Best Use of Divorce Cash Before Retirement," Dr. Don Taylor, April 8, 2013

Parents jailed in child custody kidnapping attempt

2013-04-10T15:23:45Z

Georgia readers are likely aware of recent news of the arrest of two parents in connection to a child custody case. The parents are now jailed, and facing serious criminal charges after they attempted to flee the country with their two young children. This case not only demonstrates the lengths to which parents will go to maintain a connection to their children, it also serves as a warning of the risks of trying to circumvent the existing child custody laws within one's state of residence.

The family's saga can be traced back to the father's arrest last year on charges of drug possession. After that point, he lost custody of the children. He then tried to abduct the children from a foster family at gunpoint. As a result of those actions, warrants were issued against him for interference with child custody, kidnapping, child neglect and false imprisonment, among other charges.

]]> A recent hearing granted the children's maternal grandparents permanent custody of the boys, now 4 and 2-years-old. A week later, their father came to their home, tied up the grandmother and took the children. He and his wife then fled by sea to Cuba in a sailboat that the father recently purchased. Cuban officials alerted U.S. authorities that the family was on Cuban soil, and assisted in their capture and departure from the country.

The children have been returned to their grandparents. The parents are now housed in jail awaiting their first court appearance. They are charged with kidnapping, interference with custody and child neglect. Any parent, in Georgia or elsewhere, can understand the anger and frustration at having one's children removed from their care. However, there are legal procedures that must be followed in order to regain custody of one's children. By going outside of those legal avenues, this couple may have eliminated any chance of spending time with their kids in the future, and may face significant prison time.

Source: foxnews.com, "Florida couple accused of kidnapping kids, fleeing to Cuba booked into jail," April 10, 2013

Realtors specializing in selling divorced couples' homes

2013-04-04T21:22:31Z

People put their houses on the market for several reasons but a growing reason seems to be divorce as more separating couples decide to sell the home rather than have one continue living in the house. With the increase in divorcing couples putting their homes up for sale, more and more realtors have started to specialize in selling divorced couples' homes.

Many realtors say that it can be more challenging selling a divorcing couple's home because the home may not show as well if the couple is still living there together but have rooms divided or separated into two separate living spaces for each spouse.

]]> While it may seem weird to have a real estate agent focusing on your divorce and selling your house, there are many benefits of having a realtor that specializes in selling separated or divorced couples' homes and it can help you get a higher price for your home as well as get your house sold faster.

Realtors say that when divorcing couples are selling their house, it is best to keep that information private because if buyers know that they the house is for sale because the couple is getting divorced, they may think they are desperate to sell the home and make a lower offer.

Staging the house to make it look more appealing includes making sure the rooms are free of clutter but also not too bare. This may mean adding extra furniture pieces or items in a closet to show that the home is still being lived in by a family.

Deciding to sell the home can be very emotional, especially when a couple is already going through the complicated process of getting divorced. However, couples can benefit from having a realtor that is understanding of their divorce and knows what extra steps to take when getting the house ready for prospective buyers.

Source: The New York Times, "After the breakup, they help sell the house," Elizabeth A. Harris, April 1, 2013

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