One father is learning all about that after the biological mother of his 6-year-old son is fighting for custody. While this may seem like a regular occurrence to many people in Georgia, what makes this story interesting is that an appellate court recently forced a family court to recognize an out-of-state decision that says the man is not the child's biological father. Although the father is listed as the 6-year-old's father on his birth certificate, he not related to him by blood, adoption or marriage.
]]> That has not stopped this father from raising this child since he was born. The father says that when the boy's mother was pregnant she had agreed to give the baby to the father and his wife. Although she never formally relinquished her parental rights and allowed the couple to adopt the child, she said that she would list the man as the father on the boy's birth certificate. The child' mother denies agreeing to this.Since the man first took his son home a few days after his birth, he has been the child's primary caregiver. He and his wife have since separated, but he continues to raise the boy with the help of his family. Now, after six years with his father, the child may be forced back to his mother. The father also lost an important foothold in the custody battle after the court determined that he should not have been listed as the child's father on the birth certificate.
This fathers' rights custody battle is another example of how hard it can be for men to preserve their parental rights. Working with an experienced family law attorney, however, can make it easier to retain or gain custody of your child.
Source: Kingsport Times-News, "Custody fight over Maryville boy continues," Sheila Burke, May 17, 2012
]]>Times have changed, however, and there are an increasing number of women who are being ordered to pay spousal support to their ex-husbands. Although many women are unhappy to have to pay to maintain a former spouse's standard of living, this shift in who is paying alimony indicates that women are making more money.
]]> Over the past three years, there has been a 47 percent increase in the number of women paying alimony, says the American Academy of Matrimonial Lawyers. The organization has polled divorce lawyers across the country and found that there has also been an increase in the number of women paying child support, up 56 percent.Many have seen women climb and sometimes surpass men in the career world. Approximately 40 years ago, it would not have been strange for a graduating law school class to only have 4 or 5 percent women. Similarly, only one-third of the doctors graduating from medical school in 1980 were women. Now, the rate is about half.
As women continue to earn higher positions and start to outpace their spouses in earning potential, they will most likely find themselves paying more in alimony to their exes.
Source: Reuters, "Divorce courts mirror society as more women pay alimony," Patricia Reaney, May 10, 2012
]]>Special-needs individuals require care during their childhood, but they also may need sustained parental participation throughout their adult lives. This includes financial and social support. Because of this unusual situation, traditional custody agreements are often insufficient for ensuring continued care throughout the children's lives.
]]> Furthermore, adapting access schedules can be more difficult with disabled children, as both homes need to be outfitted with special equipment for the child's care. Also, some children don't function well when they are shifted from place to place, which can make scheduling visits very difficult.The most important aspect of child custody negotiation with a special-needs child is the close involvement of both parents. Taking a joint decision-making approach is generally the best route because even some state-sponsored programs require parental input to determine whether a child can receive services. Parents are also expected to be heavily involved in the child's schooling and physical treatments.
Sometimes, parents even involve a third party, known as a parenting coordinator, who aids in decision-making and communication. That person, who has a neutral stance, can help the family determine what its needs are, limiting the amount of conflict and thus making the split easier for everyone. Maintaining a healthy, communicative relationship with your ex-spouse can smooth the transition for a disabled youngster, lowering the stress and conflict that generally accompanies divorce.
Source: The Huffington Post, "Listen to Our Children in Need: Special Needs Children and Divorce," Sherri Donovan, May 4, 2012
]]>While it is wonderful that Quaid and Buffington-Quaid will remain married, reconciliation is not an option for many people in Georgia. As many men and women talk with their divorce attorneys and schedule court dates to work through a settlement or finalize a child custody issue, they may have thoughts about dropping the whole legal action and giving the relationship a second chance. Those thoughts are natural, but many marriages are so problematic or so toxic that it would be better for both parties to get a divorce.
]]> Quaid's wife was the one who originally filed for divorce citing irreconcilable differences and saying that there was no "reasonable expectation of reconciliation." Now, it seems that she and Quaid have changed their minds. This is after Quaid asked a judge not to give his soon-to-be ex-wife any spousal support.In some situations, Georgia couples have so many family law issues that it is better for everyone to just end a marriage. Whether it is because the relationship is abusive or because one party is constantly being strong-armed back into the relationship, there are reasons for divorce. Reconciliation can be great for some people, but when a marriage has fundamentally failed, it is best to speak with a divorce attorney.
For more information, see the previous post about Quaid's divorce.
Source: The Huffington Post, "Dennis Quaid Divorce: Kimberly Buffington-Quaid Reconciles With Dennis Quaid," May 4, 2012
]]>Blowing cash on an extramarital affair, opening up a hidden and separate account, saving valuables in a safe-deposit box, or even setting up a secret online brokerage account are some of the ways that divorcing couples in Georgia and nationwide will try to keep funds separate.
]]> Electronic discovery offers advanced strategies to uncover this kind of fraud during a divorce. Where searching through paperwork, online accounts, even internet search history was once painstaking, now divorce lawyers and forensic experts can quickly analyze bank statements credit-card bills and other files in mere seconds.Paper trails of hidden accounts that were once destroyed or shredded, can now be found as a record in a computer hard drive through advanced electronic search methods. While some of these practices are entirely legal, there are still some investigative techniques that could be considered illegal, including installing a GPS device, hacking private accounts, or installing a key-stroke memory device system.
Even though there are technological advancements in searching for assets, many experts still advise asking as spouse directly. If you suspect your spouse is hiding assets, confronting their spending habits or addressing any questions may be the best option. This can minimize the stress of undergoing a search as well as provide an opportunity for open communication.
Source: Wall Street Journal, "Why Hiding Money From Your Spouse Has Gotten a Lot Harder," Veronica Dagher, April 30, 2012.
]]>Although auctions have been around for an extremely long time, there has been a surge in divorce auctions across the country. These auctions can be a way to sell off marital property, split the money with a former spouse and start anew. They can also be an extremely useful way for couples to settle the fight over who gets what.
]]> In some cases, a judge may order that the division of marital property be done via auction, but many couples come to the decision on their own. During the auction, former spouses can bid on the objects or property that they really want and whoever has the highest bid wins. In the end, about half of the cost will be returned to a spouse because he or she has to split the earnings of the auction with an ex.For divorcing couples in Marietta, determining who will get what pieces of property can be tricky. Anyone that is concerned about how the marital property will be divided or that a soon-to-be ex will get everything in the divorce should speak with a Georgia property division lawyer. An attorney can ensure that an individual receives an equitable division of the couple's property and that neither party will walk away a loser.
Source: Longmont Times-Call, "Some divorcing couples auction everything off and divide the cash," Aimee Heckel, April 28, 2012
]]>Despite their fame and apparent fortune, many of these athletes are now claiming that they can no longer afford their child support. One of the best examples of this is ex-NFL player Terrell Owens, who fathered four children with four different women. While he used to play in the NFL and was a successful athlete, he says that he can no longer afford to pay for his children, including the one that lives in Georgia. He currently pays $240,000 to each child per year. He has since filed for bankruptcy.
]]> Antonio Cromartie, a player for the Jets, is yet another example. He is the parent of 10 children with eight different mothers, including two children with his wife, scattered through six states nationwide. Courts in different jurisdictions have compelled him to pay $294,000 in child support annually. This amounts to monthly payments totaling $3,500 to each of the seven women.Star athletes are typically more than willing to use their handsome salaries, bonuses and extra money from advertising endorsements for every conceivable luxury. But these expensive purchases often prevent them from paying the much-needed child support payments to their children's mothers. As this money is meant to help cover the basic costs of raising a child, it is extremely important that the mothers receive these funds and the children deserve a portion of their father's earnings.
Source: The Grio, "Does 'baby mama drama' make pro athletes go broke?" Kunbi Tinuoye, April 20, 2012
]]>One of the biggest problems that drives couples apart is an inability to communicate with one another. Whether it is a general problem with communication or something that is unique to the marriage, Georgia couples that don't talk about the important things with each other may be setting themselves up for a divorce.
]]> Another leading factor in divorce is the way in which one or both spouses express their feelings. If a husband or wife is always negative or pessimistic, it could start to push the other spouse toward a break-up. Couples that blame each other or work to undermine each other when they are upset or frustrated may also be inching closer to a divorce.Sometimes what seems to be a perfect marriage in the beginning ends in divorce. There is no doubt that most couples enter into their marriages thinking they will last forever, but some marriages just aren't meant to work out. No one should stay in an unhealthy relationship and anyone considering a divorce should figure out what options are open to him or her by talking with a family law attorney.
Source: The Atlantic, "What Kinds of Happy Couples Eventually Get Divorced?" Alice G. Walton, April 16, 2012
]]>After what must seem like four long years, a man may finally be reaching the end of his child custody dilemma. The man's former girlfriend gave birth to a daughter four years ago but never put the man's name on the girl's birth certificate as the biological father. A few days after the girl's birth, the mother had put her up for adoption without telling the father. Since then, the father has been working hard to get his daughter back.
]]> The woman had traveled out-of-state and the girl was quickly adopted by the woman's family members. At the same time, the woman continued to lie to the girl's father about what she was doing and her intentions with the baby. Once the father learned of the adoption, however, he petitioned the court to nullify the adoption.Now, the father has a few more hurdles to jump through before he can bring his daughter home. While this is certainly an extreme case, it is conceivable that something severe like this could happen in Atlanta or across Georgia. Working with a child custody lawyer, however, helps lessen the fear that a parent will never see his or her child again.
Source: The Salt Lake Tribune, "Colorado father's custody fight moves back to his home state," Brooke Adams, March 21, 2012
]]>Divorcing or divorced parents in Marietta don't want to lose contact with their children, but a parent that moves away can't have joint custody of the children. In an increasing number of states there has been an innovative solution to this child custody issue -- virtual visitation.
]]> Virtual visitation describes a parent's ability to stay connected to his or her child's life by using webcams, text messaging, email or social media to participate in the smaller moments of a child's life. Currently, four states guarantee virtual visitation rights to divorcing parents, and, although Georgia doesn't yet have any legislation regulating virtual visitation, it may be coming soon. There are 22 states that currently have virtual visitation bills in the works.This new method of visitation is not meant to replace face-to-face visitation and noncustodial parents will still be able to see their children on holidays or during summer vacations. The goal of virtual visitation, however, is to help parents develop a relationship with the child in between in-person visits.
Regardless of if you are moving across the street or across the country, if you divorce your child's mother or father, it is extremely important to work with a child custody attorney to protect your rights to your children.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>For anyone who is concerned that he may be subjected to child support payments after he has donated, it is important to speak with a Georgia child support attorney. An attorney can help explain Georgia laws and deal with any requests for child support for a child that a donor may not have even known existed.
]]> There is at least some clarification surrounding a sperm donor's responsibility after an appeals court decided that a mother couldn't collect child support from her donor. This out-of-state support battle started four years ago when the mother first contacted the biological father of her children and asked for help.Although the man was technically the twins' father because he had donated sperm which the mother later used, he had no relationship with the woman at the time of conception. Initially, a lower court determined that the man owed the woman child support, as he was the biological father, listed as the father on the birth certificates and had signed a certificate of paternity.
The appeals court, however, eventually reversed the decision. It wrote that the paternity law allows protects mothers who use donated sperm from a father who may try to later file a paternity action and that the law also protected men from mothers who would later ask for child support.
As this story shows, child support can often be a difficult territory, making it important to work with an experienced family law attorney.
Source: Lubbock Avalanche-Journal, "California court says Texas sperm donor owes no child support," April 12, 2012
]]>The convicted killer's estranged wife has filed for divorce -- twice. One petition for divorce was filed in family court. According to news reports, the woman will also seek to get a Gett which is a Jewish Bill of Divorcement.
]]> Perhaps due to the notoriety of the daycare killing, the divorce petition has been made public. For those who are contemplating divorce, or who have been divorced, the 21-page document is a fascinating look at what the complaint for divorce document looks like.According to the divorce petition, the couple's assets are described as significant. The estranged spouse is basically asking for all of the assets possessed by her incarcerated husband.
The petition is seeking to:
The petition sites three reasons for the divorce: adultery, cruel treatment and her husband's conviction of malice murder. The wife is also requesting that if her husband is ever released from jail, that he be liable for lifetime spousal support or alimony.
The couple was married in October 1988.
Source: 11alive, "Hemy Neuman's wife files for divorce," Beth Sawicki, March 23, 2012
]]>This is particularly important when the ex-spouses have children together. A divorce often makes it even more difficult for former spouses to talk to each other than it was during their marriage and these downed lines of communication impose additional stress on everyone, especially the children. It is often for the children's sake that divorced parents must work to get past any personal animosity towards their ex and be able to talk about issues concerning their children's health, education, and safety.
]]> To achieve good communication, it is important to control tempers and anger and to think before speaking. Venting feelings in a negative manner can be unproductive and may make it more difficult to come to a resolution on a dispute that affects the kids.Communicating effectively on such topics requires effort and advance planning. It may also require taking into account the personality characteristics of an ex-husband or -wife. But it is often more than just their quirks to steer clear of; divorces often change both the husband and wife and individuals must consider the manner in which a divorce may have changed the other before speaking. Courtesy and politeness always goes a long way in making communication less painful.
It is important to also understand that anything written or spoken to an ex-spouse may be used later in court as evidence in an attempt to modify child custody or support or any other issues related to the divorce. This goes to show just how important it is to think before speaking or writing.
While these tips are important to remember for anyone who is going through or has gone through a divorce, but sometimes there is just no communicating with an ex. It is always important to have a close relationship with your attorney if you can't or won't speak with your ex. An attorney can be an important go-between to solve those problems that would otherwise require you to communicate with your ex.
Source: Santa Monica Mirror, "Communicating With Your Ex After Divorce," Andra Brosh and Allison Pescosolido, March 25, 2012
]]>As the custodial parent is in charge of and cares for a child for more than half of the time, he or she can apply for the head of household filing status. This status provides a better tax incentive than just filing as a single adult, but cannot be transferred as part of the noncustodial rule. The deduction that the custodial parent can take is even larger than as a single adult and the respective tax brackets are looser.
]]> The custodial parent can also receive up to $5,000 in tax-free deductions for child care expenses As long as the childcare expenses are covered under an employer's plan, the custodial parent can apply for the federal-income-tax-free reimbursements. Another child care-related deduction comes in the form of the child care tax credit. This credit is based on a parent's income and range from $600 to $2,100, based on the number of children the parent has.Finally, a noncustodial parent may not receive the earned income tax credit, even if he or she can claim other tax credits under the noncustodial parent rule. This deduction allows a custodial parent to claim $3,169 for one child and $5,891for three or more children.
Just because a parent may have to give up many of the tax credits to a child's other parent as part of the noncustodial parent rule, it doesn't mean he or she won't be able to receive any of the credits. In an effort to protect the interests of parents, the Internal Revenue Service restricts the amount of credits and liability that can be transferred between divorcing parents.
Source: Smart Money, "Child-Related Tax Breaks After Divorce," Bill Bischoff, March 28, 2012
]]>In order for a noncustodial parent in Marietta to be able to use his or her children for the tax deductions listed in part I, he or she must meet four requirements. If the parent fails to do so, however, the custodial parent, or the parent who has primary physical custody of the child, will be the only parent able to claim a dependent exemption deduction.
]]> A noncustodial parent must first show that one or both parents are financially supporting the child. More than half of the money that the child needs for food, clothes, school and other living essentials must be provided by his or her parents. If other family members, charities or the government are covering a considerable amount of a child's expenses, the noncustodial parent may not be able to claim an exemption.Parents must also show that they are separated or divorced from each other. Not only does there need to be some sort of dissolution of marriage, but the divorce or separation must be done under a written agreement. There are some situations, however, in which a couple that has lived apart during the last six months of the year may also be able to apply for the noncustodial parent rule.
Third, one or both parents must have had custody of the child for more than half of the year.
The final requirement, the one that may be the most difficult to get, is that the custodial parent must give his or her permission for the noncustodial parent to claim the child as a dependent on his or her taxes. While it may be relatively easy for some Georgia parents to prove the first three requirements, it is often the fourth that will require the assistance of a lawyer. If a noncustodial parent is represented by a strong family law attorney during the divorce proceedings, he or she may be able to incorporate the written declaration into the overall settlement.
Source: Smart Money, "Child-Related Tax Breaks After Divorce," Bill Bischoff, March 28, 2012
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