Georgia Family Law Blog

What happens with my Social Security if I get divorced?

2012-07-27T14:40:36-04:00

As a Cobb County divorce attorney, many clients ask me what the Social Security consequences would be if they were divorced. Many questions need to be answered.

Experts at AARP and the Social Security Administration provide this information:

If you are age 62-plus, were married 10 years or more, and are currently unmarried (and you are not entitled to receive a higher benefit based on your own work), you can receive benefits based on your ex's earnings, even if he or she remarried.
If you both worked, the lower earner may receive benefits based on the higher earner's work.
If you never worked, you can collect benefits on your ex's work, and your ex is still eligible to collect what he or she has earned over the years.
If your ex hasn't yet applied, but qualifies for benefits, you can still receive benefits if you have been divorced for two years.
You can collect a divorced spouse's benefits without reducing the amount of your ex's benefit.
The longer you wait to collect divorced spousal benefits, up to your full retirement age, the higher your benefit will be.

Is there a question that this information doesn't cover? Visit http://JustAnswer.com/Social-Security.

7 Ways To Stop Badmouthing Your Ex

2012-02-09T13:13:03-05:00

Ashley Davis Bush, LCSW, has published a great article on the importance of not badmouthing your ex. Yes, maybe he is a jerk. I know, she may makes Cruella de Vil look sweet. If you have children together, they will suffer from your badmouthing ways.

So how do you resist the temptation to hurl the insults? How do you refuse to take the bait that your ex dangles tantalizingly in front of you? Zip your lips! That's right, just like the old fashioned adage "if you can't say something nice, don't say anything at all." Use these tips to help you keep your lips firmly zipped." Ms Bush has the following tips:

Your children are ½ your ex: when you insult your ex, you're insulting your children.

You once loved this person: it may seem incredulous, but there was a time when you actually wanted to spend the rest of your life with this person.

Redirect your emotion : Change the trajectory of your frustrated feelings and start focusing on what is going right in your life. Make a list of things for which you are grateful, including the smallest details of abundance (your health, friends, having electricity, good food, etc.). Gratitude always feels better than anger.

Badmouthing ultimately hurts you: Remember that lowering yourself to the level of a school yard bully is no way to go through life. The anger activates your body's stress response and wears you down. Being unkind, nasty, and spiteful has a way of backfiring. It's like holding a hot coal, ready to fling it at your enemy, only to discover that you're burning your own hand.

If your ex is badmouthing you, then they are suffering: If you're on the receiving end of being badmouthed, just know that your ex isn't doing so well. Even if you can't wish them some compassion, you can at least stop the spiral of negativity by refusing to play dirty.

Difficult circumstances can be your teacher: Love yourself and your children enough to stay out of the fighting ring.

If you do resort to badmouthing, you can stop: If you find yourself slipping with an insult, say the words "Cancel that" and try again.

SOURCE FOR ARTICLE: "Zip Your Lips: Resisting the Temptation to Badmouth Your Ex" by Ashley Davis Bush, LCSW, in Huffington Post Divorce

Everyone has a part to play in ending domestic violence

2011-07-19T08:32:38-04:00

The following article, written by Edward Lindsey and Chuck Spahos, appeared in the AJC this week:

Georgia’s judges, law enforcement officers, prosecutors, advocates and criminal justice officials are as committed, well trained and caring as any in the nation, and Georgia has many excellent family violence laws on the books. Georgia should be a very safe place for women, children and men. And yet, Georgia has lost 12 lives to domestic violence in less than two weeks.

LaGrange, Augusta, Columbus, Canton, Buford, Sandy Springs, Smyrna. In the last two weeks, fathers and present and former husbands and boyfriends have allegedly killed their partners or ex-partners, children and sometimes themselves in these cities; this is unacceptable. Violence against women is a widespread societal disease in our nation and our state. Enough.

We should all be troubled opening up the newspaper to a familiar story — a woman trying to leave an abusive relationship, murdered. She may have left the house, filed for a protective order, started a new relationship, started living her life free of fear, filed for a divorce or called the police. The circumstances vary, but these murders follow a pattern. Generally, the man she once trusted to come into her life becomes increasingly possessive, controlling and threatening. He may have isolated her from her family and friends, caused her to lose her job, or questioned every decision she made. He most likely has physically hurt her or even threatened her life, her family’s lives or his own with a gun or other means.

We have long focused on providing women shelter and giving them access to services. These are vital, lifesaving projects, and we encourage anyone who is experiencing abuse to call the statewide hotline — 1-800-334-2836 (1-800-33-HAVEN). However, more is needed on the personal front to stand up and refuse to accept this widespread epidemic.

First, we can lead by example through healthy relationships and model this to our children and our communities. Second, we must speak up. It is our personal responsibility to step back and think about our role in ending domestic violence — how we can engage with men and boys to talk, really talk, about ending abuse.

Domestic violence is the systematic use of abusive tactics to compel submission of one person to another in an intimate relationship. Waiting until the physical violence erupts may be too late. When we suspect that something isn’t right in a friend or family’s relationship, we must act early. We need to say that their controlling behavior will drive their family away from them; their children may fear them; and their abuse may land them in jail. We have to challenge the notion that a girlfriend or wife “made me do it.” We must also tell them there is another way — they can change.

Family violence is not a women’s issue. It is a human issue, and we all need to stand together against it. You can contact organizations like the Georgia Commission on Family Violence to get involved with other men in your community. And you can begin the conversations in your life — at work, in your faith community, with your neighbors and at home. We pledge to have these conversations in our own lives. We pledge to do our part to stop the domestic violence and killing of women in Georgia.

State Rep. Edward Lindsey, R-Atlanta, is majority whip in the Georgia House and on the executive committee of the Georgia Commission on Family Violence.

Chuck Spahos is solicitor general of Henry County and the commission’s legislative chairman.

SOURCE: AJC.com

Children of Divorce Struggle More With Math and Social Skills

2011-06-05T11:01:13-04:00

A new study confirms the well known fact that divorce can be hard on kids in many ways: socially, academically, and emotionally.

According to new research published Thursday in the American Sociological Review. children whose parents divorce perform worse in math and have poorer social skills, and they struggle more with anxiety, loneliness, sadness, and poor self-esteem than their peers whose parents are not divorced. They are also more likely to have trouble making friends and maintaining those friendships, expressing emotions positively, and getting along with other kids who are different from them.

The study examined data from a study of children who entered kindergarten in 1998 through the time those students were in fifth grade, and focused specifically on 142 children in homes where the parents had separated during the time the children were between the first and third grades.

In mathematics performance, children from divorced homes were 12% less advanced than children from intact homes. Interestingly, the same result was not found for reading scores.

Hyun Sik Kim, the study's author and a Ph.D. candidate in sociology at the University of Wisconsin-Madison, said one of the conclusions that can be drawn from the study is that it is important to intervene early on for a child whose parents are going through a divorce.

The study also suggested that the primary factor that determines how a child will be affected by a divorce is the level of conflict in the home. Some children whose parents were going through an amicable divorce did not show extraordinary signs of struggle, but some children in homes with parents who were unhappily married performed at the same level as those from divorced homes.

It seems indisputable that divorce can be difficult on children. Ideally, all children would grow up in stable homes with loving parents who remain together. But even where divorce is inevitable, much can be done to make that transition easier on the children.

Source: TIME, "Children of Divorce Struggle More With Math and Social Skills," Bonnie Rochman, 2 Jun 2011.

Atlanta Divorce Lawyer & Family Law Attorney Suggests: A Postnuptial Agreement Could Save Your Marriage!

2011-03-01T14:59:09-05:00

Think “prenuptial agreement” and you think “I love you!”, right? Perhaps not! In my Marietta and Atlanta divorce and family law firm, I find that even though an important legal document like this can protect your bank account and other assets, many folks consider a prenup as a dealbreaker. According to Casey Bond, in an article published at GoBankingRates.com, asking for one can be construed as lack of trust by the party requesting it. Thus, it can be a challenge to persuade a potential spouse that having a prenup is a good idea when they have this attitude. This post summarizes Ms. Bond's article on the radical concept of using postnuptial agreements to save a troubled marriage.

On the flip side, many engaged couples believe that signing a prenup is equal in importance to the marriage preparations as it is to reserve the church and register for gifts. But suppose you and your spouse chose not to enter into a pre-marital agreement concerning your finances and you now regret that choice? Your answer may be a postnup instead.

Prenup and Postnups : The Differences

Postnuptial agreements, often called post-marital contracts, are much less commonly used than prenups, but their popularity has been increasing in recent years. Essentially, these two contracts are created for the same purpose, but a postnuptial agreement is made after a couple has been married instead of doing it before the wedding.

The postnup’s purpose is to protect each spouse’s individual income and assets in case the marriage ends, whether as a result of divorce or death of one of the spouses. They are widely used in community property states where entitles one spouse is automatically to the other spouse’s assets when they become married. Remember, though, that every state’s laws and requirements surrounding postnuptial agreements are different.

Postnuptial Agreements: Who Needs Them?

Please understand that signing a postnup does not mean that you expect your marriage to end in divorce. These documents certainly are not for everyone, but a postnup can do a lot of good for many marriages under special circumstances:

Revising a Prenup: Many couples who choose to create a postnuptial agreement already have a prenuptial agreement in place. A postnup is often needed when one spouse has a significant shift in finances, like a promotion or inheritance, and the spouses find it necessary to modify the terms of the original prenuptial agreement. Indeed, there can be numerous changes to a postnup as the financial situation within a marriage changes over time.

Protect a Business: Many business owners will want postnups because a divorce could seriously threaten assets of the business or adversely affect outside partners and investors.

Fights About Finance: Any married person knows that finances and money are often a great source of strain on the relationship. This may be more true for some couples than for others. Occasionally couples who frequently argue over their finances and at risk of divorcing over the subject find that a postnuptial agreement can relieve that stress and once again strengthen the marriage.

Adultery: Postnups are also frequently used as resources for managing an unfaithful spouse. In marriages where a spouse has strayed and engaged in an adulterous relationship with another partner, the other may require in a postnuptial agreement that if it occurs again, the philanderer must pay a large amount of cash to their husband or wife. The question of whether or not this will actually improve the marriage is open to question.

Creating a Postnuptial Agreement

If you are already married and you believe the two of you need a postnuptial agreement, you should understand that the process is not as simple as writing up who-gets-what in case you get divorced and having a lawyer approve it. In Georgia, for a post-marital contract to be enforceable, both parties should have individual legal representation, they must provide full disclosure of each party’s financial situation (i.e., no secret bank accounts) and the contract should be reasonably fair to both parties.

In summary, if you find yourself in one of the categories listed above, You might can benefit greatly from having a postnuptial agreement and it could well be beneficial to create one. Whether it’s a business requirement, or whether it could actually save your marriage, if you believe a postnuptial agreement is a good idea, discuss it openly with your spouse. He or she may agree it is a good idea, too.

In our Marietta family law firm, we frequently prepare post-nuptial agreements and pre-nuptial agreements. Please contact us at 770-425-6060 to schedule a Georgia Family Law Strategy Session to discover more about these documents and whether they are appropriate for you and your spouse or spouse-to-be.

SOURCE FOR POST: Could a Postnuptial Agreement Save Your Marriage?, by Casey Bond in GoBankingRates.com

Divorce After 50 - Older Couples Face Unique Issues

2011-02-17T16:20:15-05:00

Phoenix, Arizona, divorce attorney Scott D Stewart, who writes an Arizona Divorce Attorney Blog, recently published an article on the issues faced by older couples, usually where one or both of the spouses are over 50. He notes that Al and Tipper Gore's divorce has caused many Baby Boomers to examine their own marriages and has many of them wondering how this could happen. But it does happen, and for many different reasons. As an Atlanta and Marieta divorce lawyer, I have also seen an increase in the number of my cases involving Baby Boomers.

Mr. Stewart notes that aside from the emotional aspects} of a divorce, an older couple should also analyze various problems that affect them solely as a result of their age and stage of life. The years in which they earn the majority of their income usually behind them, so careful attention must be paid to in evaluating and dividing their assets, which typically include their home as their primary residence, retirement accounts, investment portfolios and the like. If the divorcing couple is retired, dividing up the retirement assets can be complex. Typically they will need to have a Qualified Domestic Relations Order (QDRO), which is a separate court order that covers the division of retirement benefits.

Mr. Stewart also points out that other decisions must often be made, including:

• Can one spouse receive survivor benefits if the other spouse dies?

• When can each spouse receive benefits and how can they avoid tax penalties?

• Who is entitled to retirement plan contributions made following the divorce?

• If any loans have been taken out against a retirement plan, how that should be repaid before assets are divided?

Social Security benefits cannot be divided in a divorce, but rules about them can affect post-divorce income and standard of living. For example, if a wife is over age 62, and the couple’s marriage lasted for over 10 years, she can collect benefits after the divorce on her former husband’s earnings record without a reduction in benefits to the husband.

If the former husband dies, the wife may be entitled to survivor benefits - 100 percent of the former husband’s Social Security benefit. To qualify, the marriage must have lasted 10 years, the surviving spouse must be at least 60, and that spouse cannot already be entitled to benefits that are equal to or greater than those of the former spouse.

As in Mr. Stewart’s case, in our Marietta, Georgia, family law practice, we've seen that the question of who gets the house also takes on greater significance when our clients are older. If your home has lots of equity, you could use that equity for a reverse mortgage when you reach age 62. Reverse mortgages are popular vehicles for older Americans to generate income.

Eligibility for tax benefits, exemptions and waivers also have greater significance for older clients in divorce cases.

Not 65 yet and not qualified for Medicare? Getting individual health insurance will likely be another issue you will face. Are you covered under your spouse's employer-provided insurance? COBRA laws will allow you to stay covered for up to 36 months following a divorce, but you will usually be responsible for paying those premiums. There are national organizations for seniors which offer individual health insurance coverage for members, and those groups may be a good place to start if you need to look for new individual coverage.

If you are older (over 50) and facing a divorce with these issues and others, we are here to consult with you and guide you through the process. We are happy to help couples of any age face a divorce with dignity and grace, in deference to all those years you shared a life together. Because many such clients are parents and grandparent together, we also urge those clients to take a careful look at collaborative law and mediation as a better means than litigation to resolve these issues.

SOURCE FOR ARTICLE: "Divorce After 50 - Unique Issues Older Couples Face," by Scott David Stewart, pupublished at Avvo.com and JDSupra

Valentine's Day Means an Increase in Divorce Filings

2011-02-14T16:43:12-05:00

Divorce lawyers and family law attorneys have discovered that the early part of the year is often their busiest season. Some couples stay together through the Christmas and New Year holidays only to separate to ring the new year. Others wait to get their income tax refunds and use them to finance their divorces. By filing after the first of the year, the spouse is able to discover the other spouse's earnings as reflected on W2s, 1099s, and other tax documents.

So what does Valentine's Day have to do with all of this? Do divorce filings really go up around February 14th? According to Mark Britton, founder and CEO of Avvo, “Over the past two years we’ve seen an average increase of 40 percent in the number of requests for divorce lawyers around Valentine’s Day, compared to the previous six months.” You can read much more about this trend here.

SOURCE: New York Post

SOURCE FOR ARTICLE: South Carolina Family Law Blog

‘Deadbeat’ parents caught in a debtor’s prison

2011-01-24T11:10:01-05:00

The following article appeared in AJC.com:

On any given day, hundreds of Georgians are in jail for failing to pay child support.

Family law attorneys say many of these "deadbeats" are right where they belong. They have been found in willful contempt of court for repeatedly refusing to pay their child support, failing to try to find work or hiding their income and assets.

But many parents are being jailed even though they have no ability to pay, creating modern-day debtor's prisons, according to motions being filed in Georgia courts. The state should provide lawyers to indigent parents for their civil-contempt hearings to ensure due process, the filings say.

Leah Ward Sears, former chief justice of the Georgia Supreme Court, spells out the complexity of the issue.

"There are a lot of kids out there with parents who just don't pay, and for every dollar they're not paying someone else has to pay," Sears said. "Too often it's the taxpayer. They're taxing the court systems that have to process them and taxing the jails that have to house them. They tax the welfare rolls. It also forces extended families -- grandmothers and grandfathers -- to pay."

But it is illegal to incarcerate someone who has no ability to pay, she added. "We don't believe in debtor's prisons in this country, and that's what we're doing here in some cases."

The U.S. Supreme Court will consider the issue in March, when it hears an appeal from a South Carolina man who was jailed for a year for failing to pay child support. South Carolina, like Georgia, is one of a few states nationwide that do not provide lawyers to indigent parents facing contempt hearings for failure to pay support.

The high court's ruling could change the way Georgia's courts handle child-support contempt cases and hit the state's budget.

North Carolina, for example, has been providing attorneys in child-support cases since a 1993 court ruling required the state to do so. Last year, North Carolina paid more than $3 million to appointed lawyers in child-support cases, Wendy Sotolongo, the state's parent representative coordinator, said.

Emotions run extraordinarily high in cases involving custody and support; angry ex-spouses often are all too happy to see the other parent jailed, and judges, weary of excuses from deadbeats, often oblige them.

In Georgia, after finding a parent in contempt, judges set a "purge fee," which is typically below the amount of child support that is owed. If the parent can pay the purge fee, he or she can avoid being sent to jail.

Over the past decade, 3,612 people -- each serving an average of 127 days -- were incarcerated in Gwinnett County for failing to pay child support, according to jail records.

"We've seen some who've been jailed come up with $15,000 to $20,000 in a couple of days," Sheriff Butch Conway said. "Some will languish for months and not be able to come up with $100 to $200. Some can't pay it but, sadly, I think some do have the money but just don't want to pay."

Randy Miller, a war veteran from Marietta, sits in a Floyd County jail facing a $3,000 purge fee he can't pay, he said in a statement provided to The Atlanta Journal-Constitution by his lawyers.

When Miller, 39, lost his job as an AT&T service technician in 2009, he struggled to keep up with his $452-a-month child support payments for his 16-year-old daughter. He eventually saw his home go into foreclosure and wound up with only 39 cents in the bank, according to court records. In November, he was jailed for four months for failing to pay an estimated $4,400 in child support.

"My biggest concern right now is finding some work," Miller said, noting his child-support bills are growing because of his incarceration.

Miller said he may try to re-enlist in the military when he gets out of jail as a way to secure a more consistent income, but worries he might be too old.

His lawyer, Sarah Geraghty of the Southern Center for Human Rights in Atlanta, said everyone agrees that parents must support their children. "But we can't go around locking up indigent parents because they are too poor to pay the full amount owed."

Doug Slade, an attorney who represents the state Office of Child Support Services and asked Miller be found in contempt, has said Miller is incarcerated for failing to comply with a court order.

"Our job is to seek to take care of the best interests of the child," he said. "It seems people are often more concerned about the parent who has the ability to work but is not and consequently is not taking care of the child."

Last year, the Southern Center filed Open Records Act requests with county sheriffs to find out how many parents were jailed statewide for failing to pay court-ordered child support. The center, which heard back from 135 of the state's 159 counties, found that 526 parents were incarcerated statewide.

"The people we see in jail are not wealthy ‘deadbeat' dads," Geraghty said. "They are often working people who have lost jobs and become totally indigent."

In 2009, Geraghty obtained the release of Frank Hatley, a South Georgia man who had been jailed for more than a year for being too poor to pay child support -- even though the judge and the state attorney who brought the contempt charge knew Hatley was not the boy's father. Hatley should have been provided counsel at his initial contempt hearing, Geraghty said.

On March 23, the U.S. Supreme Court will hear the case involving Michael Turner, who was jailed for a year after being found in contempt for not paying more than $5,700 in his child-support for his daughter. Turner told the judge he had been addicted to drugs, and he broke his back when he finally got a job. "Now I'm off the dope and everything," he said. "I just hope that you give me a chance. ... I know I done wrong."

In its ruling last year, the South Carolina Supreme Court distinguished between civil contempt child-support jailings, whose purpose is to coerce compliance with court orders, and criminal contempt sanctions, which are punishment for disobedience and disrespect. A parent such as Turner "hold[s] the keys to his cell because he may end the imprisonment and purge himself of the sentence at any time by doing the act he had previously refused to do," the court said.

Turner, now represented pro bono by the a number of lawyers, including former U.S. Solicitor General Seth Waxman, wants the U.S. Supreme Court to overturn the South Carolina court's ruling.

When a parent lacks the ability to pay, jailing the parent is merely punitive -- and illegal -- Turner's lawyers said in court filings. The state has no interest in maintaining "a de facto debtors' prison for [parents] who genuinely cannot pay. ... As a matter of fundamental fairness, Turner should have been afforded the assistance of counsel to show that he could not [pay]."

This month, the U.S. Justice Department disagreed, telling the high court that Turner did not have a categorical right to counsel. But the agency's brief said the South Carolina decision should be overturned because parents need to be given a more meaningful opportunity to show they can't pay. Such procedures could include requiring parents to complete an understandable form disclosing their personal finances, the Justice Department said.

Seth Harp, who chairs the Georgia Child Support Guidelines Commission, said a U.S. Supreme Court ruling requiring lawyers for indigent parents "could devastate our system."

"We don't pay enough now for the defense of our criminals," said Harp, a former state legislator. "If there's no money for lawyers in child-support cases, then the possible result could be the end of the threat of jail time. And there are many people who deserve to go to jail."

Harp acknowledged that the recession has resulted in increased numbers of parents being hauled into court facing contempt. "I recognize many have lost their jobs, literally exhausted all their efforts to find work, exhausted their employment benefits," he said. "And I also know courts will often err heavily against the parent who's being brought into court. The philosophy is, ‘We've got to take care of the children.'"

SOURCE OR ARTICLE: AJC.com

Marietta Divorce Lawyer's Guide to Cobb County Divorcing Parents Seminar

2010-12-09T13:56:14-05:00

As a Marietta divorce lawyer and Cobb County child custody attorney, I inform all clients in divorce cases and other family law cases involving parents of minor children in Cobb County that they must attend a court-mandated seminar for divorcing parents. The following is a summary of the seminar and dates for it in Cobb County in 2011.

Because of the extremely emotional nature of divorce and its impact on children, the Cobb County Superior Court Judges enacted a local rule of court mandating divorcing parents of children under the age of 18 to attend a four hour educational seminar entitled “Helping Children Cope With Divorce: A Seminar for Divorcing Parents.” The purpose of the seminar is to provide parents with information on topics including the divorce process and how it impacts children, developmental stages of children, communication skills, identifying when a child may need help, and realistic expectations about step families.

The course is conducted by professional counselors who can help the parents identify and respond to the best interest of their children. The class is offered three times each month (see the online registration form for a schedule) at a cost of $30.00 per participant. Evaluations of this seminar have consistently shown that at least 94% of past participants felt that the course was helpful to them during the divorce process.

For further information, please call the ADR office at (770) 528-1812.

You will complete the seminar by attending ONE Thursday morning seminar OR by attending TWO Monday evening seminars.

2011 Schedule

Thursday Morning Classes 8:30 a.m. - 1:00 p.m.	Monday Evening Classes 7:00 p.m. - 9:00 p.m.
January 6 or 20 February 3 or 17 March 3 or 17 April 7 or 21 May 5 or 19 June 2 or 16 July 7 or 21 August 4 or 18 September 1 or 15 October 6 or 20 November 3 or 17 December 1 or 15	January 10 and 24 February 7 and 21 March 14 and 21 April 11 and 18 May 9 and 16 June 13 and 20 July 11 and 18 August 8 and 15 September 12 and 19 October 10 and 17 November 14 and 21 December 12 and 19

* Denotes change in regular schedules

Location

The location for all classes will be:

Cobb County Superior Court Building
(Building "D" 6th floor jury assembly room)
30 Waddell street
Marietta, GA 30090-9642

SOURCE: Superior Court of Cobb County

Marietta Divorce and Wills and Estates Lawyer Discusses How Georgia Divorce Affects Your Will and Trust

2010-12-07T14:03:49-05:00

As a Marietta divorce lawyer, I know that getting a divorce in Georgia can be an overwhelming process. There are so many decisions to make and things to do that it’s hard to keep everything straight. And as a Marietta estate planning lawyer, I also know there is one thing that divorcing couples must remember to do—and that is getting your will or trust updated.

Forgetting about your estate plan is understandable from any perspective. You’re so busy thinking about living arraignments, finances and custody agreements that you simply forget to contact an estate planning lawyer to make sure your spouse will no longer be the beneficiary of your estate once the divorce is final.

And while I admit estate planning is easy to overlook, it’s still something that must be taken care of either before you file or immediately after your divorce is complete.

This is especially true if you have a life insurance policy, retirement accounts, investments, property or even a joint trust with your current spouse. If you fail to take steps to create a single person trust or designate new beneficiaries on your other assets, your ex-spouse will still receive everything you own—even after you are legally divorced.

Similarly, if you don’t create an updated power of attorney and living will, your soon-to-be ex-spouse will be the only one with legal permission to make decisions for you if you are permanently or temporarily incapacitated. For most people, the thought of their soon-to-be ex making decisions such as medication administration, life-support or nursing home vs. home health care is frightening. Also, the ex most likely does not want that responsibility any longer. That is why it is critical to get these issues addressed at some point before or after the divorce proceedings.

However, there are strict time-frames as to when you can update/amend your estate planning documents during a divorce in Georgia, so please make yourself familiar with the following guidelines:

Updating Your Estate Plan Before Filing Divorce in Georgia

As a Marietta estate planning lawyer, I highly recommend you consider revoking and restating all of your estate planning documents before filing for divorce. This includes updating your advanced healthcare directive (also known as a living will) and financial power of attorney so someone other than your spouse has the ability to make financial or medical decisions on your behalf if you are unable. This is especially true if you’re gearing up for a messy divorce which could likely drag on for a number of years.

You’ll also want to change the beneficiaries on your life insurance policy, retirement accounts and other investments. If you have a joint trust with your spouse, you’ll need to talk with your Marietta will and trust lawyer to find out whether you must provide notice to your spouse before it is revoked.

Updating Your Estate Plan During Divorce Proceedings in Georgia

During your divorce proceedings, the ability to revoke your trust or name new beneficiaries on certain accounts can be halted. What’s known as an Automatic Temporary Restraining Order (ATRO) or a Standing Order will kick in to ensure your assets and ownership interests stay the same until an official division of assets and ownership interests takes place. Therefore, it’s important to note that if you pass away during this time, your soon-to-be ex-spouse will still become the beneficiary of your estate. You can, however, update your will, power of attorney and living will during this time to minimize the amount of power your ex-spouse would have if something unexpectedly happens to you.

Updating Your Estate Plan After a Divorce in Georgia

After the divorce proceeding, you are considered a single person in the eyes of the law. You are free to update, revoke and amend your estate planning documents as you see fit. However, as a Marietta GA will and trust lawyer, I’ve come to find that many people falsely believe their spouse is no longer entitled to their assets once the divorce is officially granted. While it’s true that some estate planning powers may be automatically revoked after the divorce (such as the ability to speak for you medically if you were in an accident), if you have outdated legal documents in place that still include your ex-spouse, he or she will still be the legal beneficiary of your estate or specific assets upon your death. Therefore, it’s important to make sure every legal document you have is updated immediately following your divorce.

When to Get Help

I always advise people in Georgia to at least meet with a Marietta estate planning attorney, in addition to their Marietta divorce attorney before ultimately filing for divorce. That’s because it’s important for you to know exactly how the divorce proceedings will affect you and/or your children, especially if you become incapacitated or pass away suddenly during the process.

With so much going on during divorce it is difficult to think about adding another legal process. However, it is critical to make sure your estate plan reflects your new circumstances to avoid everything you own going to your future ex-spouse if you pass away or avoid having him or her legally responsible to make medical or financial decisions for you in the event of incapacity.

GeorgiaFamilyLaw.com

Collaborative Divorce Practice: A Summary in Bullet Points From an Atlanta Collaborative Divorce Lawyer

2010-11-15T19:31:53-05:00

As a Marietta and Atlanta Georgia collaborative divorce lawyer, I often need to explain succinctly the features and benefits of collaborative divorce versus mediation or litigation. The following is a quick, bullet-point summary of those features and benefits:

________________________________________________

What is collaborative practice?
Collaborative Practice is a new option for divorcing couples to resolve disputes respectfully
and equitably without going to court.

The goal of collaborative practice is to help divorcing and separating couples to focus on
their most important goals, especially children, throughout the divorce process. The end
result is a more efficient, targeted and productive way to resolve disputes.

What distinguishes collaborative practice from other methods of divorce?
Collaborative Practice promotes respect and keeps spouses in control of the process, not
judges.

It addresses each couple’s unique concerns, as opposed to litigation which is driven by the
general rule of law meant to apply to all.

Because clients agree not to go to court, the process is more open and less adversarial. The
goal is to enhance communication throughout the process and lay the foundation for a
healthier relationship after the divorce.

What is the biggest difference between collaborative practice and litigation?*

Control
In collaborative, you and your spouse agree not to go to court. This gives you and your spouse
control of the process and outcome versus litigation, where a judge makes the final decision.

Collaboration
Instead of the win-lose court setting, the entire collaborative team ensures that both spouses
work with each other, not against each other, towards mutually beneficial solutions for
critical issues.

Communication
One barrier in litigation is a lack of effective communication between spouses. In the collaborative
process, spouses learn a framework for effectively communicating their concerns
and goals.

What is the biggest difference between collaborative practice and mediation?*

Personalized counsel
Both you and your spouse are represented by your attorney throughout the entire process.

Team approach
the entire collaborative law team is there to help facilitate communication between the
spouses, working towards the best possible solution for all and making sure all issues are
addressed.

How does it work?

• Utilizes specialists who leverage their areas of expertise to address children’s needs and
the emotional and financial aspects of divorce
• Creates a safe environment for both parties without the threat of court
• Provides a structure for communication that considers each person’s needs
• Shares information that allows good decisions to be made
• Focuses on a creative and respectful approach that helps clients reach a mutually agreeable
settlement.

Who is Collaborative Practice for?

• People going through a divorce who want a civilized, respectful resolution of the issues
and are willing to focus on solutions rather than on blame or revenge
• People who want to maintain a productive working relationship with their (ex) spouses
• People who will be co-parenting and want to keep children’s interests at the forefront,
i.e. protecting children from the negative impact associated with bitter litigation
• People who want to control decision-making over child-rearing and/or financial
arrangements rather that turning it over to a stranger (judge)
• People who place as much or more value on the relationship that will exist in the
restructured family as on obtaining maximum resources
• People who value privacy.

What are the benefits of Collaborative Practice?

Better for children
• Gives children a voice in the process, alleviating the potential of future trauma that
sometimes persists for generations

Private
• Keeps problems and assets private
Less stressful
• Improves communication between parties
• Keeps control of process with the spouses
• Promotes respect and healthier long-term communications

Focus on the future

Saves time
• The process is more efficient, productive and targeted because of the unique structure of
the collaborative team

Learning Effective Communication Skills
• Communication skills acquired during collaborative process may have positive applications
outside divorce.

SOURCE: International Association of Collaborative Professionals

________________________________________________

If you are considering divorce and especially if you have children together, I urge you to consider a different (and better) way to divorce. Call us at 770-425-6060 and learn how a team of skilled professionals can help manage the many aspects of divorce -- the legal issues, the emotional turmoil, the concerns for the children, and the financial and property questions. It's a process that encourages mutual respect, emphasizes the needs of the children, keeps the control of the process with the individuals, utilizes a problem-solving approach, and identifies and addresses the interests and concerns of all.

Increased Filing Fees for Georgia Divorces and Other Civil Actions

2010-06-02T10:42:11-04:00

House Bill 1055 was passed on April 14, 2010, and became effective upon the Governor's signature on May 12, 2010. It provides, among other things for increases in court filing fees for Georgia divorces, adoptions and other civil cases filed in the Superior Courts of Georgia. The increased fees charged by the Superior Court of Cobb County in Marietta, Georgia, are listed below:

COBB COUNTY SUPERIOR COURT CIVIL COST SHEET

The total cost for filing any civil case shall be $212.50. Checks are to be made payable to Cobb County Clerkof Superior Court. No credit cards, debit cards or travelers checks.

Cost for Adoption:

   Filing Fee  $212.50
   Publication  $ 60.00
   Total    $272.50


Cost for Petition: 
   Filing Fee  $212.50


Cost for Name Change
   Filing Fee  $212.50
   Publication  $ 80.00
   Total     $292.50


Filing Civil Motions: $ 1.00


Issuance of a Fi Fa $ 6.00


Subpoena (Civil):  $ 5.00


Notary Commissions $162.00


Certified Copies:  $ 2.00 for the certification
         $ .50 for each page


Regular copies:  $ .50 for each page

Return to the Blogs: Blogging at the Beach 2010

2010-05-25T12:56:46-04:00

After a bit of a hiatus from my blogging activities, I am pleased to return to posting this week, with a return to a popular series of posts I have done in the past.

I am attending the 28th Annual Family Law Institute in Destin, Florida, this week. Except for last year's (when my family was preparing for out Journey to China), I have attended each of these since 1988. It is a three day program on current events and cutting edge issues in family law, led by the premier family law attorneys and judges throughout the State of Georgia. I will be blogging reports of the program as I have in the past.

The entire program has been created under the leadership of K. Paul Johnson, of McCorkle & Johnson, LLP, Savannah. He has created a fact pattern which is desgned to educate and entertain, and will use video vignettes followed by presentation on various aspects of a divorce and child custody trial.

An overview of the program is listed below:

On Thursday, May 27, Tina S. Roddenbery, Chair of the Family Law Section, State Bar of Georgia, of the law firm of Holland Schaeffer Roddenbery Blitch LLP, Atlanta, will present the Opening Remarks.

Edward J. Coleman, III, Surrett & Coleman, P.A., Augusta, and Jonathan J. Tuggle, Boyd Collar Nolen & Tuggle, LLC, Atlanta, will be presenting on THE INITIAL CLIENT INTERVIEW. A section on PLanning your case strategy (surveillance, documents, etc.) will be led by Thomas P. Hawkins, Jr., Hawk Private Investigations, Inc., Atlanta, and Richard M. Nolen, Boyd Collar Nolen & Tuggle, LLC, Atlanta.

Hon. Adele P. Grubbs, Judge, Superior Court, Cobb Judicial Circuit, Marietta, James C. Metts, III, James. C. Metts, III, P.C., Savannah, Tyler J. Browning, Browning & Smith LLC, Marietta, and Stephen C. Steele, Moore Ingram Johnson & Steele, LLP, Marietta, will delve into the subject of Discovery/Evidence.

Hon. J. Stephen Schuster, Judge, Superior Court, Cobb Judicial Circuit, Marietta, and Randall M. Kessler, Kessler, Schwarz & Solomiany, P.C., Atlanta, will cover the important topic: TEMPORARY HEARING (when time is short).

On FRIDAY, MAY 28, 2010, we will cover alternate dispute resolution in "Making mediation Successful" with Carl S. Pedigo, Jr., Attorney at Law, Savannah, Wendy W. Williamson, The Mediation Center, Savannah, and Leigh F. Cummings, Warner, Mayoue, Bates & McGough, Atlanta.

This will be followed by a review of ETHICAL AND CRIMINAL ISSUES, with Hon. David L. Dickinson, Judge, Superior Court, Bell-Forsyth Judicial Circuit, Cumming, Hon. Mark Anthony Scott, Judge, Superior Court, Stone Mountain Judicial Circuit, Decatur, Kurt A. Kegel, Davis, Matthews & Quigley, P.C., Atlanta, and Barry B. McGough, Warner, Mayoue, Bates & McGough, P.C., Atlanta.

UNUSUAL CUSTODY ISSUES: Religious DIFFERENCES, SEXUAL ORIENTATION, ETC., will be covered with Hon. Jeffrey S. Bagley, Judge, Superior Court, Bell-Forsyth Judicial Circuit, Cumming, Hon. Gail S. Tusan, Judge, Superior Court, Atlanta Judicial Circuit, Atlanta, Charles E. Bailey, Warner, Mayoue, Bates & McGough, Atlanta, Sarah C. Brogdon, LCSW, Peachtree Psychological Associates, Atlanta, and Rebecca L. Crumrine, Davis, Matthews & Quigley, P.C., Atlanta.

The topic of EQUITABLE DIVISION (VALUING ASSETS, NONMARITAL PROPERTY ISSUES) will be explored by Kelly A. Miles, Smith Gilliam Williams & Miles, P.A., Gainesville, R. Scot Kraeuter, Savage Turner Pinson & Karsman, Savannah, Martin S. Varon, Alternative Resolution Methods, Inc., Smyrna.

On SATURDAY, MAY 29, 2010, we will conclude with: TAKING THE CASE TO TRIAL, led by Hon. Lawton E. Stephens, Judge, Superior Court, Western Judicial Circuit, Athens, Regina M. Quick, Regina M. Quick, P.C., Athens, and Katheleen B. Connell, Boyd Collar, LLC, Atlanta

DRAFTING THE FINAL JUDGMENT AND DECREE/SETTLEMENT AGREEMENT Hon. Bill Reinhardt, Chief Judge, Superior Court, Tifton Judicial Circuit, Tifton Kelley O’Neill Boswell, Watson Spence LLP, Albany

Protecting your client after the entry of the Final Judgment and decree, with Hon. Cynthia Wright, Judge, Superior Court, Atlanta Judicial Circuit, Atlanta, Gwenn D. Holland, Holland, Schaeffer Roddenbery Blitch, LLP, Atlanta, and Kice H. Stone, Stone & Driggers LLC, Macon.

And finally, a review of the past year's Case Law update and recent developments, presented by Jonathan V. Dunn, McCorkle & Johnson, LLP, Savannah, and Sarah McCormack, Kessler, Schwarz & Solomiany, Atlanta.

Collaborative Law FAQ's

2009-12-01T15:04:45-05:00

The following article is from the Australian Blog, Two Homes.Nice to see collaborative family law as a method of resolving divorce and family law cases is taking root "down under."

What Is Collaborative Family Law?

Collaborative family law is a new approach to dealing with separation and divorce issues that doesn't involve the courts. If you adopt this process you and your respective lawyers formally agree (i.e. sign a written agreement) to work together to find a mutually acceptable and fair solution to your financial and child related issues - without involving the courts.

This approach is based on a team effort. You, your former partner, your lawyers and other professionals where required work together to resolve whatever is in dispute e.g. child support, division of assets or parenting of the children.

If your lawyers are unable to get you and your former partner to reach an agreement and you want to take the matter to court, they must resign from the case and you will need to hire new lawyers.

What Are The Advantages Of Collaborative Family Law?

Promotes co-operation between you and your former partner
You both have legal advisors at every stage of the process
Clients are often encouraged to bring in different experts where appropriate such as child specialists, counsellors, accountants and financial advisers
Generally saves you time and money
You are guaranteed that your lawyers will do their best to reach a fair agreement and try to keep you out of court
Litigation can never be threatened
Likely to produce an agreement that meets both your own needs

What Is The Difference Between Collaborative Law And Mediation?

Mediation involves a neutral third person (a mediator) that facilitates discussion between you and your former partner and does not give legal advice.

In a collaborative process there are 4 people involved in all meetings:

You
Your former partner
Your lawyer
Your former partner's lawyer

What Are The Key Features Of Collaborative Law?

You, your former partner and both collaborative lawyers work as a team versus 'opposing parties'
You, your spouse and both collaborative lawyers sign a contract agreeing not to go to court
The Collaborative Family Law Process uses informal discussions and conferences to settle all issues
Collaborative Divorce offers separating couples an inter-disciplinary way of dealing with separation and divorce
Offers a dispute resolution model that provides a structure for both emotional support and legal guidance

What Are The Differences Between A Collaborative And Traditional Approach?

In a collaborative approach:

Both parties agree to stay out of court
The emphasis is on creating solutions that address the needs and values of the whole family
The main goal is to reach a fair, equitable and comprehensive settlement of all issues outside of a court room

SOURCE: TwoHomes.com

Collaboration allows for a kind divorce

2009-09-28T10:20:33-04:00

The following article, written by Paul Pinkham for Jacksonville.com, details the progress made in Florida incorporating collaborative divorce into and as a viable alternative to the litigation process.

===========================================================

Collaborative divorces can save couples money and emotional distress.

Attorney Nickolas Alexander remembers returning to his Orange Park office seven years ago excited about a new, less confrontational way to resolve divorces he'd learned about at a family law seminar.

Weary of the acrimonious game-playing that characterizes traditional divorce, he said he was drawn to the "collaborative process," bringing legal, financial and mental health professionals together with divorcing couples in a roundtable setting designed to encourage cooperation over conflict.

He immediately hosted a training session at his office. Three people showed up.

Attendance wasn't much better at subsequent attempts two years later.

"The collaborative process has just been kind of limping along since that time without enough support," Alexander said.

Now the tide may be turning. For the second straight year, the Florida Bar is drafting legislation designed to codify collaborative divorces in state law. A similar bill died in a House committee last year.

Three judicial circuits in Florida - none in North Florida - already have administrative orders in place, establishing frameworks for collaborative divorce.

This month about two dozen people showed up for a collaborative law seminar sponsored by the Jacksonville Bar Association. More than half were mental health professionals, whom Alexander and other participants believe are key to giving the idea traction.

"I said to myself, 'There's got to be a better way for people to get divorced because they get set up to fight forever, and the kids are the ones who suffer,' " said Ross McDonough, a licensed clinical social worker in Neptune Beach. "People who go through divorce are at the worst emotional place in their lives. They can benefit by having somebody ... help separate emotions from judgment."

'A growing phenomenon'

Collaborative divorce is a voluntary process that begins with a contract signed by the couple and their lawyers stating they won't go to court and instead will try to dissolve their marriage together.

Financial and mental health professionals become part of the team to advise the couple, taking into account the family's unique financial and emotional situation. Marriages marred by violence, abuse, mental illness or coercion generally aren't candidates for the collaborative approach, McDonough said.

If the process doesn't work and the couple decides to go before a judge, the contract specifies neither side can use anything in court that they learned during negotiations, and the lawyers and other professionals are required to step down.

"It really changes the tone of negotiations," said Talia Katz, executive director of the International Academy of Collaborative Professionals in Phoenix. "Clients make their own decisions about their own lives. No judge, no attorneys, no outside force can understand the dynamics and needs of a family better than that family."

She said the process can be less financially and emotionally devastating for couples because of its emphasis on cooperation. And it can lower family court case loads.

Though the concept has been around nearly 30 years, it is still in its infancy in the United States, said Andrew Schepard, who teaches family and collaborative law at Hofstra University School of Law in New York.

"It is clearly a growing phenomenon," Schepard said. "It's a very attractive idea because it returns the lawyer to the role of counselor."

Schepard said studies by Canada's Justice Department found high satisfaction with the process in that country, but no mechanism exists to keep track of collaborative settlements in the United States. He is working with the Uniform Law Commission to develop a national standardized policy.

Efforts by The Florida Bar Family Law Section to pass a state law have been under way about two years. Last year the House Civil Justice and the Courts Policy Committee shelved the proposal for future consideration, said Longwood attorney Matthew Capstraw, a leader of the Bar effort.

"There was a lot of interest, but there were some different ideas and concerns with the bill," he said.

Listening instead of leading

Circuit Judge McCarthy Crenshaw of Clay County said he's long supported the collaborative concept.

"Anything that can help people in divorce cases be a little less antagonistic to each other and be a little more sensitive to the children involved I'm all for," Crenshaw said.

But he said the provision that disqualifies the lawyers if the process doesn't work is the biggest hindrance to acceptance in the legal community. He said he doesn't know of any other situation where lawyers have to get off a case they can't settle.

Jacksonville divorce attorney Barry Zisser said he fears that provision could actually make the process more expensive because couples would then have to find new lawyers. He said about three-fourths of divorces in Northeast Florida work out in mediation, which is required before a trial.

But Atlantic Beach attorney Nicole Habl said the disqualification requirement provides incentive for everyone to come to an agreement.

"It's an amazing process because the attorneys have to listen rather than lead," she said.

Habl and Michelle Ash, a certified divorce financial analyst in Jacksonville, said collaboration generally costs far less than litigation. In the long term, it enables families to structure financial settlements that can benefit both sides with less rigidity than traditional divorce proceedings allow.

Ash said her role in the process is to meet with both sides together and separately to help them understand what their new household will look like financially.

"It's not so much about the asset division. It's about the cash flow, meaning is each of these households going to have enough money to live a certain lifestyle," she said.

=================================================

SOURCE: Jacksonville.com

Divorce Attorneys Using Social Media to Find Evidence

2009-07-01T10:59:35-04:00

It's been known for a while that current and potential future employers look at people's profiles on social networking sites such as Facebook.

And it's also been known that people are using social networking sites to announce the status of their relationship -- or lack of one.

Now the two uses are getting together, with divorce attorneys mining social networking sites for evidence supporting their clients.

"Lawyers, however, love these sites, which can be evidentiary gold mines," said a recent article in Time. "Did your husband's new girlfriend Twitter about getting a piece of jewelry? The court might regard that as marital assets being disbursed to a third party. Did your wife tell the court she's incapable of getting a job? Then your lawyer should ask why she's pursuing job interviews through LinkedIn." One attorney quoted in the article said such research is "routine."

In addition, exes are posting information about their formers -- such as an estranged wife emailing "friends" of the spouse the additional information that he was married with children, which he had neglected to include in his Facebook profile.

Such messages on a social-networking site can even be part of a harassment campaign that led to the court's issuing a civil order of protection, one attorney said.

SOURCE: DaniWeb

Top 10 Reasons a Premarital Agreement May be Invalid

2009-06-30T10:51:13-04:00

FindLaw has a list of 10 reasons which may cause a prenuptial agreement to fail. For more details, check out the original post, but this is a list of those reasons:

NO WRITTEN AGREEMENT.
NOT PROPERLY EXECUTED.
YOU WERE PRESSURED.
YOU DIDN'T READ IT.
NO TIME FOR CONSIDERATION.
INVALID PROVISIONS.
FALSE INFORMATION.
INCOMPLETE INFORMATION.
NO INDEPENDENT COUNSEL.
UNCONSCIONABILITY.

If you need a prenuptial agreement or have questions about them under Georgia law, we can help. Call us at 770-425-6060.

Telling your kids about your divorce? Avoid these mistakes.

2009-06-18T08:13:28-04:00

Rosalind Sedacca has some great information I wanted to share with
you as my readers:

Getting psyched up to tell your children about your pending divorce
-- or separation? Not sure what to say? When to say it? How to
say it? What to expect after the conversation? What to do next?
How do deal with your special circumstances? What therapists,
mediators, attorneys, clergy and other professionals suggest you do
and don't do to make things better all around? Well, you're not
alone.

Having the "divorce talk" with a child you love is one of the
toughest conversations you'll ever have. Shouldn't you be prepared?

Professionals all agree on some of the most common mistakes parents
make when bringing up divorce or separation. These include:

* asking children to bear the weight of making decisions or
choosing sides

* failing to remind children that none of this is in any way their
fault

* forgetting to emphasize that Mom and Dad will still always be
their Mom and Dad -- even after divorce!

* confiding adult details to children in order to attract their
allegiance or sympathy

* neglecting to repeatedly remind children that they are safe,
innocent and very much loved

* failing to explain clearly that everything is going to be okay.

These are just some of the most common messages that parents fail
to convey because they're just not prepared -- and most probably
quite scared!

If you're about to tackle this tough conversation -- or you know
someone who is -- there's finally help you can depend on to
simplify the process. I just completed writing How Do I Tell the
Kids about the Divorce? A Create-a-Storybook Guide(TM) that
Prepares Your Children -- with Love! It provides an innovative
new concept I created, based on my own life experience. And, most
importantly, it works!

To learn more about this new therapist-, attorney- and
mediator-endorsed guidebook for parents, click on the link below.
You'll get the whole story of how the easy-to-use template works,
how you and your children will benefit from this personalized family
storybook approach -- and much more. Most important of all, this
simple guidebook doesn't just tell you what to say -- it says it
for you! So you're sure to do it right, for the sake of your kids.

Click here to learn more ...

http://www.howdoitellthekids.com

MEET ROSALIND SEDACCA, CCT
Rosalind Sedacca is a writer, an award-winning professional speaker, and Certified Corporate Trainer specializing in both communication and relationship issues. She has facilitated workshops and seminars throughout the United States and beyond on creating 'conscious' relationships for both singles and couples. Based on her own personal experience, her new book How Do I Tell the Kids about the Divorce? A Create-a-Storybook Guide to Preparing Your Children - with Love! provides an innovative and professionally acclaimed new approach to breaking the divorce news to your children. Rosalind's Child-Centered Divorce Network provides resources that help parents create successful outcomes for the entire family for years and decades to come.

UPDATE:

Attention Divorcing Parents

Join experts Lisa Decker, CDFA and Rosalind Sedacca, CCT for a powerful and informative teleseminar filled with great tips and advice on:

Secrets of Creating a Successful Child-Centered Divorce
Don't you wish there was a way to move on while creating a positive outcome for everyone in the family? There can be! Divorce doesn't have to scar your children.

Teleseminar event:

Wednesday, June 24th, 2009
7:00 pm Eastern Standard Time

Divorce can be complex and frustrating on its own. When you add innocent children to the mix, you must be extremely careful to safeguard everyone's physical, emotional and psychological needs.

On this call, Lisa will be interviewing Rosalind Sedacca, CCT, Founder of the Child-Centered Divorce Network, as she helps you resolve the day-to-day challenges of parenting through divorce. You'll discover the pitfalls to avoid, the path to peaceful resolution, resources available to you, proven success strategies and more.

Register here...
http://divorcemoneymatters.com/considering-divorce/events/secrets-of-creating-a-successful-child-centered-divorce/

Contact Rosalind if you have any registration problems: rosalind@childcentenereddivorce.com

Ga. Chief Justice Wants To Curb Divorce Rate

2009-04-10T10:28:08-04:00

In an article published on WSBTV.com, Georgia Chief Justice Leah Ward Sears is suggesting that, since
the anti-smoking movement helped snuff out rising tobacco use rates, a similar campaign is needed to reverse an uptick in divorces.Sears, who is stepping down from the court on June 30, told an audience Thursday in Athens she will spend a "substantial amount" of time after leaving the court working to reinvigorate marriages and discourage divorce and family abandonment.Some 43 percent of all marriages end in divorce within 15 years, according to the Centers for Disease Control and Prevention.

Sears, who is divorced, pointed to statistics that showed children of divorced couples face increased risks of poverty, child abuse, emotional distress and mental illness.She noted that in Georgia, more than 60 percent of all civil cases heard at the trial court level involve issues concerning children and families -- more than all criminal cases combined."As a mechanism for signaling to young people the right time and the right person with whom to have a baby, marriage has no peer," she said in prepared remarks. "Marriage is also the best child welfare, crime prevention and anti-poverty program we have. We must, therefore, protect it."

Sears, who has served on the Georgia Supreme Court since 1992, has made preserving marriage one of the centerpieces of her tenure as the court's chief justice.The court established a first-of-its-kind commission that gathered experts to find ways to reduce unnecessary divorce rates and launched a campaign to publicize the toll a divorce takes on a family.Sears has not yet announced where she will work when she steps down. She has said she will seek jobs in the private sector, perhaps as a university president or at a civil rights law firm.She has also been mentioned as a potential U.S. Supreme Court nominee, and she has not ruled out an eventual return to public service. Whatever she does, she said she will work to encourage lasting marriage in all sectors of society."It's for us to muster the determination and effort needed to save our children and ultimately our country from self-destruction," she said. "The alternative is to accept as inevitable that some of our children will enjoy a privilege that others are denied."

SOURCE: WSBTV.com

Don't Forget to Update Your Will and Estate Plan After Divorce

2009-04-08T11:52:59-04:00

The following article, offering excellent advice, is written by Bellevue, Washington collaborative and cooperative divorce attorney Karin Quirk:

I send my clients a letter with their final divorce papers. I always advise them to update their wills and estate plans. Most of them don't do it. I think I will start being more proactive because it is important. Here are a few things you might want to consider:

Who has power of attorney for health care?
Is it your former spouse? Do you want that?

Do you want to leave your estate to your former spouse?
The divorce invalidates that portion of your will. If you want your former spouse to be the recipient, you need to restate that after the divorce.

The divorce and a new will won't change beneficiaries on your insurance and retirement accounts
You must fill out new beneficiary forms. Don't think just making a will takes care of it.

Did you set up a trust account for your children? If you did, did you make the trust the beneficiary on your insurance?
Often clients don't want children to inherit large sums of money all at once when they are 18 and set up a trust to handle the money until they are older. The largest sum often is the insurance proceeds and if the children are the beneficiaries they will receive the lump sum when they are 18. You should name the children's trust as the beneficiary.

What documents should you have along with a will?

You should have

A will (Last Will and Testament)
Power of Attorney for Health Care
Health Care Directive
Durable Power of Attorney

SOURCE: Karin E. Quirk

For more information on wills, trusts and estate planning in Georgia, check out my Georgia Wills, Trusts and Estate Planning Blog.

Ex-NFL player seeks reduction of child support

2009-02-19T13:53:34-05:00

Former Denver Broncos running back Travis Henry appeared in DeKalb County Superior Court Thursday to try and reduce child support payments to one of nine children he fathered by as many women.

At the hearing, Randall M. Kessler, Henry’s attorney, argued that his client’s $3,000-a-month payments to Jameshia Beacham, the mother of his 5-year-old son, should be reduced because Henry is no longer earning a paycheck in the National Football League.

Henry was released by the Broncos last June.

“When you’re making zero dollars, what is the right amount [of child support]?,”said Kessler prior to Thursday’s hearing. “He’s not putting his head in the sand. He wants to support all of his children.”

In court Kessler noted that Henry awaits prosecution on federal drug charges in Colorado, and that if he’s sent to prison that could hamper his ability to pay child support.

Henry has offered Beacham a one-time payment of $100,000 to settle the case, an offer her attorney, Robert Wellon, scoffed at in court Thursday.

Wellon argued that Henry is unemployed by choice and that he’s squandered hundreds of thousands of dollars that could have been spent on supporting his children.

“It’s kind of like the gentleman who kills both parents and comes to the court to beg for mercy because he is an orphan,” Wellon said.

The hearing is ongoing as testimony continues.

SOURCE: AJC.com

Georgia bill could ban GPS tracking

2009-01-31T16:31:15-05:00

Private investigators in Georgia are a little irked at a proposed bill that could disallow placing GPS trackers on vehicles. While the bill excludes parents tracking kids, cops, and enterprise usage, it includes private investigators.

Inside a completely ordinary SUV parked anywhere in Metro Atlanta, private investigator T.J. Ward and his team can track anyone at any time, without them knowing.

Instead following a target, running red lights and swerving through traffic, investigators like Ward can just stick a little box with a magnet to the bottom of a car in seconds. As a person drives, a computer program tracks them via satellite, and prints a list of their whereabouts -- even how fast they were going. Ward's team has been hired by parents after a bitter child custody case, or a spouse.

One of Ward's clients, who was married for 18 years, said that he used it for several weeks, just tracking where his wife's vehicle was, and confirmed his suspicions. He credits the GPS surveillance with saving him millions of dollars in alimony.

Ward said, "These are the tools of our trade, just like it is with law enforcement."That might not be the case for long. A proposed bill is in the Georgia Legislature to outlaw the devices. It gives exception to law enforcement officers, but private investigators are not included.

Rep. Kevin Levitas wrote the legislation to protect Georgians, and offers exceptions for parents tracking children, cops tracking criminals, and employers watching their vehicles, but not private investigators."I think you or I need to be able to go to the shopping center, get a carton of eggs, and not have to check under our car to see if someone placed a tracking device," said Levitas. "I think the legislation's good so any John Doe person can't walk into a store, buy a GPS and throw it on someone's car, just because they want to know where someone is."

SOURCE: WSB-TV

SOURCE FOR POST: GPS Obsessed

The Domino Effect of The Current Economic Crisis

2009-01-13T10:01:58-05:00

The following article is written by guest bloggers Sue K. Varon, Esq. and Martin S. Varon, CPA, CVA, JD, of Alternative Resolution Methods, Inc.

The deepening recession, increased unemployment, and a stalled housing market have negatively impacted most of our clients’ financial situations. Many clients’ homes are underwater because of declining values. Other divorcing couples who are fortunate enough to have equity in their most significant marital asset, their home, can not sell their house. Combine that with the plummeting values of retirement accounts, and we are looking at marital asset balance sheets that are nothing less than bleak.

Although, historically, divorce rates tend to rise during a bad economy, divorce practitioners nationwide have noticed a change in their practices. Experts attribute the decline in divorce filings to the severity of the economic downturn. Typically, a recession results in decreased divorce rates for couples with limited financial resources. The prospect of incurring expenses for two households seems overwhelming for those with limited resources. On the other hand, high net-worth clients may seek to take advantage of the diminished value of their homes, stock and investment portfolios, and businesses to decrease their overall financial liability to their soon-to-be ex-spouse.

When the marital residence or small business is the most significant marital asset, the party who is able to retain the house or business may reap a significant benefit down the road, rather than the one who is compensated by cash or other assets, because the value of the house or business is likely to increase once the economy recovers.

The credit crisis has impacted us, as practitioners, as well. How many times have you heard from a client that their credit card is maxed out and he/she can not replenish their retainer? Discovery has been completed but there is no more money to fund the litigation. Where does that leave us?

Instead of thinking of ways to get out of the case, perhaps we should begin to think of alternative ways to resolve the case in a more cost-effective manner. We are all familiar with mediation and late case evaluation. Arbitration is another alternative when impasse has positioned the parties and created a standstill. A three person arbitration panel, comprised of a family law expert, a financial expert and a mental health professional, may provide an insightful resolution that is far more productive than going to court. Bringing additional professionals into the picture may bring difficult issues into focus.

If the main problems are financial in nature, involving marital asset division or support alternatives, introducing a financial neutral to work with the parties may move things in the right direction. One thing many of us have not considered is the value that a financial neutral would contribute to helping the case settle in mediation. The presence of the financial expert at the mediation, working in conjunction with the mediator, would provide answers to many of the financial issues that impede the settlement process. Issues such as the tax savings associated with different support options, the variations in pension values caused by using different interest rate assumptions, and the after tax versus before tax values of various assets could be resolved right on the spot. When the primary sticking points center on custody issues, the assistance of a parent coordinator or child specialist could prove invaluable.

Today’s economy requires us, as legal professionals, to assemble a team that will serve our clients in a cost-effective manner. Although we all know that some cases are destined to go to litigation, we should attempt to utilize alternative methods of resolution prior to taking this final leap. Mediation, arbitration and a form of the collaborative law model are just a few possibilities. We are fortunate to live in a community replete with knowledgeable and experienced experts who can provide our clients with wonderful resources. It is up to us to inform our clients of the availability of those options.

How Support via Direct Deposit Damages Your Mortgage Application After Divorce

2009-01-13T09:33:39-05:00

Kelly Lise Murray, Co-Founder & President of DivorceThisHouse.com warns against a hidden danger of divorce real estate -post-divorce mortgages.

Not all forms of alimony and child support count as YOUR income for mortgage purposes. In an article posted on ActiveRain.com, she cautions child support recipients that accepting your support by direct deposit is a huge mistake. She says the same is true about cash. The reason: Banks require proof of income. When you receive support by direct deposit or in cash, there is no paper trail or proof of income.

These are the things you need:

1. A Paper Trail - A Track Record of On-time Payment in Full:

Without a paper trail creating a track record on on-time payments by the obligor, the mortgage lender cannot count your support as income. And you may not qualify for a mortgage without it.

For the best paper trail, she suggests you have your support payments sent directly to state. The slight time delay (from spouse to state to you) is more than made up for by the benefits of state-tracking and collection assistance for support arrears. Plus, state-tracked child support arrears can become liens on your spouse's post-divorce property; as a result, your spouse cannot refinance or sell that property without paying you!

Otherwise, only accept support by check and make sure you photocopy and keep a record of each support check you receive.

2. A Court Order Requiring Support for at Least 3 Years from the Date Your Mortgage Closes:

Lenders require a court order continuing child support for 3 years before it counts as income. The same is true for alimony/spousal support.

You must actually receive support payments ontime, in full for 3 to 12 months before lenders will approve a mortgage, depending on the loan program.

The bottom line: A mortgage professional can help you determine your best options now for a stronger financial future! And sooner is always better in divorce real estate.

SOURCE: ActiveRain.com

New Options for Child Support Payments

2008-11-19T19:17:10-05:00

By Sue Varon, Esq. and Jennifer Varon

Non-custodial parents pay child support in a variety of ways. Divorced parents should be provided with all possible options for making these payments. Some new options have emerged both in the public and private sectors.

Perhaps the most common way child support is paid is through an income withholding or income deduction order, which is issued to the employer of the payor, and mandates payment of support directly to the recipient. In most states income deduction orders have been mandatory unless (1) there is a written agreement between the parties specifying an alternative arrangement, or (2) there is a court order finding good cause against it and finding that the income deduction order is not in the child’s best interest.

However, income deduction orders can be problematic. If the payor is self-employed, periodically unemployed, or is paid only on commission, income deduction orders may have little effect. Moreover, many payors do not wish to disclose to their employer their private matters. Also, some employers refuse to comply without a court order. Further, recipients of support do not want the payor to know their bank account information, which would be necessary if the payor’s employer is to follow the income deduction order.

Most states have established agencies for the enforcement of child support orders. The problem is these agencies have huge case overloads, suffer intermittent backlog of work, and delay in transferring payment to recipient. Consequently, many custodial parents have to resort to private suits for enforcement through contempt, garnishment, and use of private child support enforcement companies. Problematically, many private child support enforcement companies charge astronomical fees for their services, deducting a large percentage (as high as 34%) from the child support collected, and in addition, charge annual fees (some as much as $500).

In reality, most divorce cases settle privately and, divorce lawyers draft settlement agreements providing for the required “alternative arrangement” for child support payment. The settlement agreements include the amount of monthly support due, the manner it shall be paid, how often, and until when. A paragraph should also be included in the settlement agreement that provides if payments fall behind more than 30 days, garnishment for support is allowed.

The most common manner of private payment is still paper check. Of course, the worst delivery method is through the child, at the conclusion of the payor’s visitation time. When mailed, payment by check sets up the classic problem of “the check is in the mail” and real or false accusations of late receipt.

Both payors and recipients of support complain that they hardly use paper checks anymore. Payors do not want to deal with mailing support checks when they pay most bills online. Recipients do not want to deal with waiting to get the check in the mail, driving to the bank, and waiting in line, to deposit the check. Further, if the recipient is out of town when the check arrives, the deposit will be delayed even further.

Most people do not want to use the government agencies to transfer the support from payor to payee. The parties have been involved in the court system during the divorce process. After the conclusion of the case they want to handle things privately, outside of government involvement. The solution: payment of child support online by credit card through a private company, rather than the government. Using a rewards credit card to pay support could allow the payor to earn cash back rewards or frequent flyer points. Better yet, setting up payments on a recurring basis would be convenient to the payor. The benefit to the recipient would be receiving the full amount of support conveniently directly deposited into their account whether they are home or not on the date support is scheduled to arrive. Bringing the payment of child support into the 21st century would prevent a lot of post-divorce conflict that too often happens.

SupportCertain is the brainchild of Sue Varon, a Georgia family law attorney and her daughter, Jennifer, an accountant with a Master’s Degree. The company was established to provide divorced parties with “the peaceful way to pay”, minimizing interaction between the parties, while providing them with a way to make and receive support directly and on time. For further information, visit www.supportcertain.comor contact SupportCertain at jennifer@supportcertain.comor at 404 551-4849.