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April 2013 Archives

A prenup dispute: why a proven attorney is important

A family law case that is exhaustively working its way through the court system in another state has broad relevance in other states as well, including in Georgia. The matter underscores the importance of working with an experienced attorney where important legal instruments are concerned.

Georgia child support: duties, delinquencies, enforcement costs

A recent story from a national television outlet in Georgia delves into the subject of child support in the state, both its dimensions and the economic repercussions it has across a wide swath of concerns.

U.S. Supreme Court to rule in divorce matter re insurance proceeds

There can certainly be many and, to some people, non-obvious things to think about during the divorce process. Attend to this, tick off that, make a change here, check that box there. There can be matters to focus upon from property division and support issues to visitation and a host of other matters.

Division of Property and Divorce

We are often asked about property division in Georgia, the courts will divide marital property and debt equitably. Marital property and debts are everything that was acquired during the marriage, whether it is a toaster, a retirement account, a house or credit card debt. The name the account is in or the name in which the property is titled in is generally irrelevant when determining whether something is marital property. The exceptions to this rule are gifts or inheritances. Gifts or inheritances are separate property and not subject to equitable division if they are kept separate. If they are comingled, meaning deposited into a joint account or spent on marital assets such the marital residence, then they become marital property and may be divided by the court. Inter-marital gifts, a necklace for valentines' day for example, can be considered marital property and may be divided by the court.

Man 32 years in arrears on alimony; case before state Supreme Court

A case involving a judicial spousal support order following a Georgia divorce decades ago was recently before the state's Supreme Court, with justices expected to make a final ruling on the matter sometime this summer.

Appeals court probes judge's comments for bias in custody hearing

A father's claim that a judge's comments in a child custody hearing indicated judicial bias in favor of his ex-wife is receiving media attention focused on discussion of a judge interjecting opinions about a case that he or she is presiding over.

Increasingly, women are the higher wage earner, need protections

It would be far from uncommon for most readers to simply assume that if one of the parties comprising a couple is insisting upon the execution of a prenuptial agreement prior to marriage, it is likely the male partner. The answer would likely remain the same for a clear majority of readers if they were asked which partner is on the paying end in most cases of alimony following divorce.

Advocacy groups laud undocumented immigrant's win in custody matter

The attorney for an undocumented immigrant mother says that the precedential value of any given child custody case can be difficult to determine owing to the fact-specific nature of custody disputes. Notwithstanding that, he hopes that a recent ruling in favor of his client will influence courts across the country when a parent's immigration status is a factor in a family law custody matter.

Gambling, lottery winnings and child support

The recent story and emerging details concerning a New Jersey deli owner who won the fourth-largest Powerball jackpot in history include relevant information pertaining to child support and a not-often cited mechanism for collecting payments owed.

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