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Atlanta Family Law and Personal Injury Blog

The Income Shares Model and Calculating Georgia Child Support

In 2007 The State of Georgia enacted the “income shares” model which calculates child support by taking into account the income sources of both parents. The Georgia child support laws established a presumption that the custodial parent will bear the expenses related...

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When Can a Child Choose Which Parent He or She Wants to Live With?

Therefore, in the state of Georgia the redline in which the court will give the most weight to the desires of the child is the age of 14. O.C.G.A §19-9-3 also gives consideration to the desires of the child who has reached the age of 11 but not 14 years. In that case, the court is required to consider the desires of the child but said child’s desires are not controlling. Regardless, whether the child has reached the age of 11 or 14, the analysis does not stop there.  

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What You Should Know If Refinancing after a Divorce?

Sometimes refinancing simply isn’t an option for the above-mentioned reasons. If couples aren’t able to refinance other options include selling the residence, investigating the reasons for not qualifying and simply waiting in order to improve one’s position so that it becomes a viable option in the future.

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What Type of Damages Can I Sue for In a Personal Injury Case?

Everyone has seen the commercials from personal injuries attorneys promising monetary compensation for damages. However, the state of Georgia has different categories of damages that injured parties are able to recover. In Georgia, an injured party can pursue a civil lawsuit against another individual, business or entity for compensatory damages (which are more narrowly categorized as special and general damages) and punitive damages.

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Why You Should Consider a Vacation After a Divorce

Despite the fact that vacations can sometimes take several months to plan, they are fun to prepare for and give us something to look forward to while we go through the stresses of daily life. Most of the time, we take a vacation as a way to unwind from a stressful job or life situation. For the estimated 4.5 million people in the United States who either separated or divorced from their spouse in 2021, the need to take a break and remove oneself from a stressful environment has never been more pressing.

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Do I Have to Pay Taxes on my Personal Injury Settlement?

Hence, compensatory damages are not considered as income for taxation purposes. This includes expenses such medical bills, lost wages, damage to a vehicle or other personal property and pain and suffering. There is generally a significant loss associated with an injury case. Compensatory awards are meant to make the injured plaintiff whole again.

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Will I Have to Sell My Home During a Divorce?

Divorce does not automatically mean that the marital home will have to be sold. As stated above, there are a number of alternatives the Georgia judicial system uses in order to resolve this particular conflict. Factors such as the presence of children and the financial status of the parties are the most critical factors in this determination. It is critical to obtain the advice of an experience family law and divorce attorney to guide you through this process.

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What are the Different Forms of Discovery in a Divorce Case?

One of the most important things that is done at the beginning of the divorce legal process is obtaining information from the other side that will assist with the case. Information needed to prepare for a divorce or custody action may come in the form of bank statements, pay stubs, travel receipts and other forms of documents that will assist the court in determining how assets are divided or how much assistance a spouse or child may be entitled to. The time generally provided for discovery to be completed is six months.

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Dangers of Incarceration for Missed Child Support Payments

The biggest fear for noncustodial parents behind on child support is an angry judge sentencing them to a period of jail time for the infraction. Typically, the court has the power to encourage compliance with it’s orders and decrees by issuing fines and in some cases, jail time, if conditions are not followed.

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What Should I Do If a Guardian ad Litem is Assigned to My Child Custody/Visitation Case?

In most cases the court has appointed a Guardian ad Litem to the case due to a concern expressed by either parent regarding the child’s well-being. The court will be relying on the GAL to provide independent advice on what is in the child’s best interest. A GAL investigation can take several months and involve several requests to interview the parties, the child, review documents and make in-home assessments of living conditions.

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