Augusta Georgia Divorce | GA Child Custody Lawyer

Bankruptcy and alimony – Columbia County Georgia divorce attorney

Sadly, we are living in rough financial times. Although the number of bankruptcy cases has skyrocketed because of the recent economic recession, interestingly, bankruptcy will not discharge spousal maintenance
payments in GA.

Although a bankruptcy does not discharge the obligations of court-ordered mandatory alimony payments, there are many circumstances in which the spousal maintenance payments can be restructured. As opposed to the terms and conditions of the division of marital property during a divorce, which are set in stone at the time of the divorce, maintenance payments are often modifiable based on changing situations, like as changes in employment or retirement.

In Georgia as in majority of the states, spousal maintenance payments will cease if the receiving spouse chooses to remarry. While remarriage may terminate spousal maintenance payments, death may not! The death of the spouse making alimony payments can be inheritable by their estate.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Alimony in a Augusta Georgia divorce law firm

Georgia Maintenance

Georgia Alimony payments may be structured in various

If a court determines that one spouse owes the other spousal support payments, it has a number of different options they can select to structure those payments. First, a decision must be made as to whether the payments shoul be made in one lump sum, or by periodic payments over a period of time. Second, if the judge decides that payments must be made periodically, they must then decide the period of time the maintenance payments have to be made.

The laws for the taxation of spousal maintenance payments are relatively easy. If you are making alimony payments to your partner, these payments are tax deductible. If you are receiving alimony
payments from your partner, these payments are treated as income.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Equitable division Richmond County GA uncontested divorce lawyer

Georgia is an equitable distribution state which means that all marital property acquired during the marriage is divided. Property purchased into the marriage will not subject to division in a divorce. In order to divide up property in a divorce action, categories of property have been established. Marital property means all property that was obtained during the marriage, irrespective of in whose name it is. Gifts given by one partner to another are treated as marital property if they were brought with marital funds. Pensions and business interests that were developed by one party are treated as marital property if they were obtained during the marriage. Generally, the only property that the court will transfer from one partner to another is half of a retirement plan, benefit package, pension, or profit sharing. Without an contract between spouses, the judge will determine which property must be treated as marital property. Although the judge cannot transfer the title of property from one spouse to another (except for pensions and the like), it may give a money award to one party to compensate for the other party retaining the property. In the case that property falls into both categories like a car that was brought in part with money from one spouses non¬marital funds and in part with marital funds, the court will decide what percentage of the car is marital property and what percentage is non¬marital and incorporate this into the monetary award when the property settlement is decreed. It can also order the sale of the property and division of the proceeds between the spouses. The court will also consider issues of spousal support in determining property settlement issues.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Marital Separation Agreements in a Richmond County GA contested divorce

Evans Georgia divorce lawyer

A Marital Separation Agreement is a legally binding agreement between the spouses, settling many issues such as property and debt division, spousal support, child custody, visitation, child support, insurance coverage, etc

The separation agreement has two main purposes:

1. A separation agreement can settle all of your issues for the time separation until the time of divorce. Certain separations can last several months or even years, so it is very important to protect yourself and have all the necessary issues settled between you and your spouse agreed to in writing.

2. A separation agreement is the last legal document you and your spouse will utilize to resolve all your marital issues so as to get a final order for divorce granted by the court.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Evans GA child support law firm

Richmond County GA child support

Georgia divorce laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that the children should be given the same rights, protections and parental financial support, including that the children should not considered illegitimate offspring of the parents, that other children of the state receive.

Child support should be determined on divorce rules except when the court finds reason for child support to deviate from these guidelines. Monetary child support can be assigned to one or both parties. Child support in GA is determined by Georgia divorce statutes and a mathematical formula.

The GA Department of Human Resources, Office of Child Support Services protects children by enforcing parental responsibility to pay financial support. All GA families have access to OCSS services, which include assistance in locating non-custodial parents, confirming paternity, establishing and enforcing child support and medical support orders, and collecting and distributing payments.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Augusta Georgia legal custody lawyer

Marital breakdown and Mistreatment in Evans GA

In the 1970s, GA began to acknowledge what is known as the irretrievably broken marriage which in essence permitted a no-fault ground for divorce. All that must be shown is that the marital differences cannot be resolved and that the parties seek a change in the marital status. The only issue is if any prospects for reconciliation exist. In Georgia divorces, irretrievably broken has become the most common means for obtaining a divorce in a Georgia court. The trial court in an irretrievably broken marriage grants the divorce to both parties equally and no fault is assigned.

For maltreatment, to be the reason for granting a divorce in GA , should include of the willful infliction of pain, bodily or mental, upon the aggrieved party, such as reasonably justifies threat of danger to life, limb, or health. GA divorce courts will consider continous acts of violence as a basis for diovrce however one single act of violence will not constitute cruel treatment except when that act is of such an atrocious nature that the circumstances demonstrate a chances of further acts. While mental cruelty can also constitute grounds for a divorce in Georgia, not all mental cruelty is ground for divorce.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Divorce lawyers in Augusta Georgia

Augusta GA divorce lawyers

DISCLOSURE: The law mandates both spouses to provide the other with all information related to their property, income, assets and debts. This is referred to as Full Disclosure. Failure to fully disclose all relevant information or concealing information can have grave consequences. Its important to be precise in listing assets and debts.

HEALTH INSURANCE: Unless it is agreed upon and part of a settlement agreement, one spouse covered by health insurance need not pay health insurance premiums for the other spouse proceeding divorce. But, the spouse having no insurance may continue the insurance coverage at his or her own expense for up to 3 years at the same or similar rates. To take advantage of this right, the non-covered spouse should notify the other spouses insurance company within 90 days of the final order.

Child Support Payments and Divorce

Fixed payments for child support are not deductible for tax purposes. If the amount paid is reduced contingent to the child – such as attaining a pre-determined age, dying, leaving school or marrying – the amount of the specified reduction is treated as child support.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Divorce and Taxes in a Augusta GA uncontested divorce

Augusta Georgia divorce attorney

An individual will be considered as unmarried for tax purposes at the end of a tax year if the taxpayers spouse is legally separated from the taxpayer under divorce order or separate maintenance contract at the close of the tax year.

A married taxpayer will be treated as unmarried and can qualify for head of household status if the taxpayers spouse was not a member of the household for the last six months of the year and the household is the home of a dependent child.

Liability on Joint Return

You may request relief from liability for tax, and connected penalties and interests for which you feel that your ex- spouse must be liable.

Innocent Spouse Relief is available if you: (1) filed a joint return and (2) are no longer married to or are legally separated from the spouse with whom the joint return was filed.

Dependency Exemptions

Usually the dependency exemption for children of divorced taxpayers goes to the parent who has custody of the child for the greater part of the calendar year.

Alimony and Spousal Support

Generally, spousal maintenance and separate maintenance payments are income to the recipient and are deductible by the payer.

If you have specific questions about the tax consequences of a divorce, you must consult with to a divorce attorney.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Divorce Settlement Agreements in a Augusta GA divorce case

Augusta GA divorce lawyers

A settlement agreement lays down the terms of the divorce and the relationship between the two parties proceeding the divorce. These agreements generally provide for property division, child custody, child plans, debt division, spousal support and any other relevant issues related to the divorce.

While it is not necessary, filing a marital settlement agreement does have some advantages:
• details all of the understandings on paper, eliminating uncertainty.
• The parties might not have to go to court. The judge might honor the written agreement if its written properly and covers all material aspects of the divorce.
• Demonstrates to the court that major issues were worked out, and the case will move more fast though the system.

Marital settlement agreements can be entered into at any time before the final judgment. They are usually filed with the final decree.

If a party is on welfare, the DAs office may need to review and sign the marital settlement agreement prior to court filing.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Retirement Benefits in an Columbia County GA divorce

Richmond County GA divorce attorneys

Marital property includes accrued or vested retirement benefits. This means they should be divided in a divorce. Retirement benefits falling under Community property include military pensions, veterans educational benefits, ERISA funds, IRAs, Keoghs, Employee Stock Option Plans (ESOPS), 401K and 403K plans, etc.

Certain retirement benefits are not considered as Marital property. These are:
• Social Security payments
• Compensation for military injuries
• Workers compensation disability awards

Irrespective of the length of the marriage, retirement benefits should be discussed and settled. For instance, the petition, marital settlement agreement and judgment should all provide either for the partys waiver of retirement benefits or the division of any such benefits. A party must waive retirement benefits only if that spouses share is worth very little.

There are two methods for dividing retirement benefits: (1) the present-day valuation buy-out, and (2) division into two accounts. In the first, the party without the retirement benefits considers the present-day value of his or her interest in the retirement benefit and exchanges it for something else of equal value, such as cash or other assets. Stock options and pension plans where someone must work for a certain number of years may be worth more than you imagine. It is wise to hire a professional pension actuary or appraiser before taking a decision.

When dividing a retirement account, you want to make sure you dont lose any tax advantages. A Qualified Domestic Relations Order (QDRO) is needed to transfer a share of retirement funds from the spouse participating in the retirement plan to the other spouse.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.