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Alpharetta Family Law Blog

Protection for spouses in second marriages

If you are one of the many people in Georgia who is contemplating a remarriage or may who has already gotten married for a second or subsequent time, you know just how hard the pain of a divorce can be. You also know how real the financial impact can be and this time you may have more on the line, especially if you have children from you prior marriage. Just what should you do to protect yourself, your children and your new spouse?

Fidelity Investments explains that estate planning should be a top priority for you. It should not only be thought of as a way of making plans for your estate after you die but also as a way of protecting your family even in the event of another divorce. A prenuptial agreement or a postnuptial agreement can be a valuable complement to other estate planning tools.

Student loan debt and divorce

Are you one of the many Georgia spouses who will be getting divorced this year? Do you or does your spouse still have some student load debt left to repay? If so, you should be prepared for this to potentially factor into your divorce settlement.

According to Daily Worth, it may not be safe to assume that student loans are the sole property and therefore responsibility of the spouse who took out the loans. While certainly loan documents are signed by one spouse only and any degree obtained is the property of that person only, many other factors may come to bear in determining ultimate responsibility for these debts.

Social media and divorce

Georgia residents going through a divorce or perhaps contemplating a divorce may look for various sources of information on their spouses. One of these sources today is social media. That's right. Social media is not just for fun anymore, especially when a marriage sours.

Forbes explains that Facebook, Instagram or other social sites can often be rife with clues about one spouse's financial status. During a divorce, both parties are required to fully disclose all of their financial interests, income and expenditures. This is an integral part of the ultimate property division and potentially even support awards that may be made. Some people try to find clever ways of hiding some of their information to reduce their losses or the amount of money they may need to pay the other person.

Will child support affect my income taxes?

January is a time that many Georgia residents start to think about their prior year's tax returns. If you are one of the people in Georgia who got divorced last year, preparing and filing your 2016 tax return will be different than in prior years. You will likely have new questions and things to think about when filing your return. In addition to collecting your income information, you may need to understand how your child support payments might impact your taxes.

According to the Internal Revenue Service, your taxes will be completed unaffected by child support. This is the case whether you are the parent who is ordered to make child support payments or whether you are the parents who is to receive child support payments. In fact, you will not include the payment or receipt of child support on your income tax form. That means parents who pay child support are responsible for all tax obligations associated with money paid as child support.

New Year's resolution tips for better coparenting

Georgia moms and dads who must raise their children with a former spouse or partner know the ongoing challenge that doing this well can really be. Clearly couples that were unable to remain together in their relationships are likely to have troubles working collaboratively to raise their children after a split. However, it can be done and the benefit to children is known and more than worth the effort.

For people who have made better coparenting part of their New Year's resolutions, following are some tips to help make this possible.

Tips for spouses contemplating divorce in the New Year

The American Academy of Matrimonial Lawyers indicates that the first quarter of every new calendar year sees a jump in the number of divorces that are initiated. Many couples in Georgia and around the nation wait through the holidays before making the decision to end their marriages sometimes for the benefit of their children or other family members. It turns out that this waiting to file for divorce may actually be the best thing for people to do.

Divorce, like marriage, is as much a financial transaction as an emotional one. Making the choice to get divorced when emotions are running high could well backfire and end up costing couples dearly. When one spouse approaches a divorce in an angry state and tries to push too hard, the length of time that it may take to negotiate a settlement can be dramatically more than when a cooperative approach is employed.

Understanding date of separation in a divorce

Are you getting divorced in Georgia? Do you have assets and debts to divide with your spouse? If so, you will want to pay careful attention to the date that is ultimately identified as your official date of separtion. Just what is this and why does it matter so much?

As explained by Forbes, the legal date of separation essentially becomes a stake in the ground as to when any income or liabilities can be classified as part of your marital estate or as separate property or responsibilities. For example, if you receive your annual bonus two weeks after your legal date of separation, that bonus income is yours alone and cannot be factored into your divorce settlement. If, however, you receive that same bonus two weeks before your legal date of separation, it may be considered joint income and subject to being part of your marital property division.

Can a grandparent get child support when raising grandkids?

According to the Georgia Department of Human Services, more than 15 percent of the state's children were being raised by family members other than their parents in 2013. There may be many reasons that necessitate this. For some families, parents have died leaving children in need of care. For other families, parents are caught in struggles of drug abuse or mental health problems. Whatever the reason, if you are raising your relatives' children, you may wonder if you could be eligible to receive financial support to help.

The Georgia Division of Family and Children Services has established the state's Kinship Navigator Program. This program is designed to provide support for people raising relatives' children. While a kinship navigator relationship may be informally established, it is possible for people to request and receive child support. This can provide not only financial but also medical care for children.

Don't let "Divorce Day" catch you by surprise

The holidays are a challenging time for many people, especially those in a deteriorating marriage. The stress and heightened expectations surrounding holiday events can exacerbate a challenging situation and bring difficulties to a head.

If you are considering a divorce or if you think your spouse is leaning in that direction during the holiday season, it is important to be prepared for divorce day which is coming up in early January.

New data gives a look at marriage and divorce rate in U.S.

Getting through the holiday season with a rocky marriage is never easy for Georgia spouses. The number of divorces has been historically shown to increase in January as people try to stay together through the holiday season for the sake of their families, especially the children. Whether or not that trend will hold true in 2017 remains to be seen but some recently released research gives some insight into the state of marriage and divorce in the U.S. today.

Researchers at Bowling Green University's National Center for Family and Marriage Research point to data that suggests the national divorce rate is lower than it has been in nearly four decades. However, a closer look at the information reveals a bigger picture. In 1975, there were 76.5 marriages per 1,000 females over the age of 15. That steadily declined for many years and has levelled off in the last six years ranging between 30 and 35. While the marriage rate has been more or less stable for a few years now, it is clearly far lower than it once was.

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