The post Should I Wait to Get Divorced Because of My Children? appeared first on Gentry Law Firm.
]]>Every family faces unique circumstances. Learn more about the impact of divorce on children.
As much as parents may try to conceal conflict from their kids, there can still be signs of tension. Kids can pick up on friction between their parents, especially if they feel they could be part of the problem. Unresolved or heated arguments can impact a child.
Many studies have shown that households with fighting parents can negatively affect children, like:
And as parents focus on their relationship with each other, or ignore each other, kids may feel that they’re less present. Staying later at work to avoid going home, drinking, or even spending time away with friends are all common coping methods for bickering spouses. Children may assume their parents’ absence is their fault. A divorce may be able to break the tension and allow children some relief.
Each case is different, and the answer is complicated. Divorce is not a magical solution that will fix every problem in your life. It is an extreme change to your lifestyle, which means it is also an extreme change for your children.
Divorce can be a stressful adjustment for everyone involved. Kids can exhibit many similar behaviors whether their parents are going through a divorce or are still married and fighting constantly. However, studies have shown that even if a divorce was painful in the short-term, most children of divorce agreed that the separation was necessary and appreciated that their parents had gone through with the divorce.
If you’re considering a divorce and have children, there are a few factors you should consider before filing your complaint.
When you’re considering divorce, you may be wondering if there’s truly a reason to put your spouse, your children, and yourself through the process of ending the marriage.
However, you should step back and look at your marriage objectively. Is your spouse abusive? Can a separation give both of you the space to better care for your kids?
A divorce can decide who has legal and physical custody of your children. It’s possible that you could have “joint legal custody,” where both parents give input on their children’s lives after a divorce. That’s what the court prefers.
But each case is different. The courts make decisions in the children’s best interests.
Courts are obligated to make custody decisions in children’s best interests. Although many people assume that courts usually side with mothers, that’s not necessarily the case. Courts examine the facts of the case and make the determination based on the individual circumstances of the parties involved. If you believe that having sole custody of your children is the best option, consulting with a divorce attorney can help you achieve that.
Child support payments are typically paid from the non-custodial parent to the custodial parent, the one who the children live with for most of the time. Payments are calculated based on need. Georgia law states that both parents must contribute to their children’s needs. If you are awarded custody and your income alone isn’t enough to care for your children, your spouse could be ordered to make payments.
That’s a difficult question to answer. Each case is unique, and trauma is subjective. When parents separate, they are asking their children to accept a major life change. Georgia law offers different kinds of divorce like uncontested divorce, and if you and your spouse can agree to terms decided in a divorce decree, you may be able to end your marriage with minimal impact to your children.
This is another conditional question where the answer depends on your circumstances. If your children are almost 18, you could postpone a divorce until they reach the “age of majority.” Typically, however, waiting to address marital problems only exacerbates them.
Honesty is a great policy when it comes to divorce, but keep strong boundaries in place. Letting them know that the divorce isn’t their fault and that both their parents still love them is always helpful. Oversharing with them what you hate about their other parent is not helpful.
Understanding how to communicate your divorce with your kids can help them process this new change. This can vary depending on their age, what kind of divorce you’re seeking, and what you’re comfortable sharing with them.
If you’re on the fence about getting a divorce, talking to a legal professional can help provide clarity. Researching on your own is fine, but consulting with someone familiar with Georgia’s divorce laws and who has experience handling delicate family matters can give you clear insight about divorce. When looking at your options, find a lawyer ready to handle your case with compassion and sensitivity.
If you’re considering a divorce but are unsure how to handle the subject with your children, you are not alone. The divorce lawyers with the Gentry Law Firm understand your predicament. We know that a divorce with kids can be daunting, but we can assure you that we’ll approach your case with care and compassion.
We’ve been helping clients throughout Cobb County and the Metro Atlanta region for years, and our combined decades of experience can benefit you. Call (770) 425-5573 or use our online form to schedule your complimentary consultation.
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]]>The post Tips for Strengthening a Marriage from a Divorce Lawyer appeared first on Gentry Law Firm.
]]>As a divorce lawyer who has been married for almost 37 years, I’m often asked what the secret to a lasting marriage is. While I can’t promise I have the “secret sauce” for everyone, I do have a few tips from my years of experience in my family law practice and in my own marriage on what to do – and maybe more importantly what NOT to do – to build and maintain a healthy and long-lasting marriage.
Communicate well and often. In my experience, a significant proportion of marital issues arise from a simple failure to properly communicate. I’m not talking about just talking (or texting or emailing) or exchanging details about the kids’ soccer practice. I’m talking about engaging with the other person and really listening to what they have to say. Too many people talk past their spouses, spending time thinking about what they want to say, without really hearing each other. This is not communicating, and it’s not active listening.
In a perfect world, people would communicate in a quiet place, free from distractions, where the other can listen, process, and understand what their partner’s thoughts or concerns are. For example, “I think what I hear you saying is that we’re not fairly dividing [childcare, child transportation, dishes, laundry, you name it!].” That said, we live in the real world, where time is at a premium and distraction-free moments are hard to come by, which brings me to my second point.
Take time to connect. As difficult as it can be, it’s so important to create a quiet time and place to have alone time together. Too many couples start feeling like they’re nothing more than roommates or co-parents after a few years of marriage. This can lead to a slow but steady feeling of disconnection between you and your spouse.
Try to set up a date night at least once per month. At least once per quarter, see if you can take an overnight trip with your spouse without the kids, like a bed and breakfast in the mountains or at the beach. Whether you need to hire a babysitter to have a nice dinner out or take a quiet weekend away, create the space to connect with your partner, have a grown-up conversation, and remind yourselves what you love about each other.
Remember that taking shortcuts and trying to squeeze in this kind of valuable connection and communication late at night after the kids have gone to bed might well not work if both of you are exhausted from a tough day at work, running the children to their various after-school activities, and hustling them to bath and bed. When we’re tired, stressed, and overwhelmed, we don’t always show up as our best for our partners.
Show your partner some grace. By that, I mean as tired as you are and as upset as you may be, try to be understanding that your spouse may also be that tired (or more) and that upset (or more). Part of a successful marriage is developing a thicker skin. Your spouse may snap at you after a long day at work or running after a toddler. Not taking these moments personally and forgiving your partner in times of stress can be crucial to the longevity and strength of your partnership.
I want to stress, however, that this advice covers occasional arguments – not constant belittling. If you feel that your husband or wife shows a consistent lack of respect for you or frequently insults you, turning the other cheek can cause more harm than good.
Don’t take on challenges alone. When and if things get rocky in your marriage, consider going to a marriage counselor or therapist. There’s no shame in speaking with a professional to help you work through any and all issues you may be facing. These professionals are objective arbiters and work to help the two of you build the skills and communication needed to keep your marriage going.
While I can’t guarantee that every one of these tips can save a marriage, effective communication, strong connection, and being quick to show grace can go a long way in bolstering a relationship. Always remember that you two are partners facing your problems together – not adversaries. If both of you can work together towards strengthening your relationship, you’re already halfway there.
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]]>The post Domestic Relations Financial Affidavits: The Essentials appeared first on Gentry Law Firm.
]]>Learn more about domestic relations financial affidavits, or DRFAs, how they can affect your divorce, and how to complete them with your divorce attorney’s help in the blog below.
Affidavits are written declarations affirmed with an oath. They are binding. A domestic relations financial affidavit or DRFA is a written statement affirming your financial situation. Simply put, it’s the document that will tell the court your economic circumstances.
You’ll be telling the court how much money you bring to your household, including any salary, bonuses, overtime, commissions, deferred compensation, or supplemental income. You’ll report any housing, utility payments, and household or medical expenses, to name a few common expenses.
Your DRFA will also tell the court about assets or property and their associated value, and you’ll report any debts, like loans or credit card debts.
The court aims to reach an equitable decision when creating a divorce decree. DRFAs provide some of the information the court needs to reach that decision.
The outcomes of your divorce depend heavily on relevant financial information. Your financial status and your spouse’s financial status can affect decisions about child support, alimony, and the division of property. Providing relevant and accurate financial information ensures that your divorce agreement will prepare you for your next phase of life.
After a divorce, one of the parents is typically awarded primary custody of the child if you don’t come to a 50/50 agreement. The noncustodial parent will pay the custodial parent child support. Georgia law expects parents to provide equally for their children, even if they’re separated.
Primary parents with lower incomes can usually expect more in child support to make up for the difference. Accurate information on your DRFA could make the difference between getting suitable child support payments.
When spouses divorce, the one with a lower income could be awarded temporary or permanent alimony, also known as spousal support. The court needs to know how much money you currently earn so it can accurately calculate the balance if alimony is requested.
Georgia follows equitable division guidelines. When a divorce is settled, the couple’s marital property is split fairly, but not necessarily 50/50. If one spouse contributed more to the household’s marital property or if one spouse is taking the house, the court will decide what’s fair after their divorce.
DRFAs show the court what kind of assets and debts the divorcing couple has, and your attorneys can help determine what should be allocated to whom.
Once you decide to pursue a divorce, you need to get a copy of a DRFA to complete.
You can download the form online, request one from the courthouse, or get one from your attorney. You can fill this document out alone, but working with your lawyer is advised. They’ll have the patience and experience to guide you through the form’s intricacies. Even a simple mistake could be costly in a divorce and affect you for years to come.
The first step in this process is gathering all the relevant financial data . You’re trying to show the court a typical month’s expenses at your house, your contributions, and your expectations after a divorce.
You need to gather any documents that can support your claimed income, expenses, debts, and assets. That means finding pay stubs, tax documents, financial statements, and more. Gathering this information can take time, but it’s a crucial step to take.
If you’re worried your spouse is hiding money or information, contact your family law attorney. They will have the resources to find hidden assets and ensure your settlement agreement is honest and fair.
After ensuring the documents are accurate, you should work with your attorney to fill out all the necessary sections. You’ll provide basic information about your family, like your name, address, your children’s name, and your marriage date.
You’ll also have to include more nuanced information. For instance, you will report your total income along with everything that makes up that income: bonuses, salaries, commissions, etc. Your attorney can help you calculate everything and decide where it fits on the form.
After you complete your DRFA, you need to sign and date it with a notary public or authorized official. An affidavit is a binding document: you’re swearing that everything on record is as accurate and true as possible. Once your DRFA is signed and notarized, you and your attorney can submit it to the courthouse and send a copy to your spouse and their legal representative.
Here are some critical tips to keep in mind as you fill out your domestic relations financial affidavit.
A divorce is a challenging situation for anyone. Keeping track of all your documents and forms can feel exhausting. Working with a knowledgeable divorce attorney in the Greater Atlanta area can help you reach the ideal outcome in your divorce.
Let the legal team at the Gentry Law Firm LLC help you fill out your forms. We’re ready to hear your case and work with you to finalize your divorce – on your terms. Call (770) 425-5573 or use our online form to schedule your free consultation.
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]]>The post Stay-at-Home Moms & Divorce: The Basics appeared first on Gentry Law Firm.
]]>You can prepare for success by using the checklist below, which explains what steps you can take to ease the pressure you face and secure your family’s well-being.
Before you file for a divorce, you should take the necessary steps to prepare for one. Having all the details available can simplify your divorce timeline and bring you greater peace of mind.
Several decisions made during the divorce process rely on financial records. You’ll need proof of your family’s finances, especially if you seek child or spousal support. Critical documents include:
These are the basic items you should look for when you start planning a divorce. However, if can’t find some of these items, don’t have access to accounts, or otherwise have difficulty compiling these documents, don’t worry! Your lawyer can find and gain access to them later in the process – even if they’re hidden.
Before you file for divorce, you should also gather copies of a few other documents. Obtain your own medical records, your children’s, and their academic records.
You should also consider getting records of your partner’s internet history or text history between the two of you, especially if you believe they may have had an affair or there may be other evidence of wrongdoing. If you believe them to be necessary for your case, audio recordings of conversations between you and your spouse are also legal for you to gather.
Finally, search for anything related to your current estate plans. That includes wills, living wills, your power of attorney, and any relevant trusts.
When you decide it’s time to end your marriage, you should take steps to protect yourself. When you gather the necessary documents and search for an attorney, you should use a private browser window, erase your browser history, and find ways to message potential lawyers discreetly. You should create a new e-mail account that your partner doesn’t know about. Discuss any privacy and safety concerns with attorneys.
Before hiring a lawyer, you should consider how you want to end your marriage. Your income may be limited, and a drawn-out divorce can drain your resources, especially if you have children or other expenses.
Talk to a lawyer about what method to end your marriage makes most sense for you: uncontested divorce, divorce through mediation, or contested divorce. Your experienced lawyer should care about your concerns and find you the best fit.
When you’re preparing your divorce, you should consider where and how your family will live. If you have children, your attorney will draft a parenting plan if you intend to share custody. You may also need to examine support options, like child or spousal support, to determine if that’s something you’ll qualify for. Your attorney can help you calculate what’s possible.
While alimony may be an option for you, depending on your circumstances, it may only be available temporarily. If you intend to go back to work, you’ll need to examine what you’ll need to get back into the workforce, especially if you haven’t worked in a while.
You can look at your skills, work experience, and expenses to determine what jobs you should seek and if you need more training so you can support your family. Temporary support may also be available to you to take classes or otherwise get up to speed to rejoin the workforce. That said, going back to work may not always be necessary, depending on your situation. Make sure you talk to an experienced attorney about your options.
There will be issues you don’t need to have settled before your divorce decree is finalized, but they should be on your list of priorities.
As you prepare for your divorce, you should do so with all the information available. Researching on your own is a great start, but finding a divorce lawyer who understands the struggles stay-at-home mothers face and can speak to your unique situation is crucial to getting you the best outcome.
At the Gentry Law Firm, LLC, we know how stressful a divorce can be. As a stay-at-home mom, you have a unique perspective on divorce. Let us help you prepare for your divorce so you can provide for your children and secure your family’s future. We’re ready to hear your story. We can answer your divorce questions.
Call (770) 425-5573 or use our online form to schedule your free consultation.
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]]>The post Top 7 Things a Woman Business Owner Should Know When Getting Divorced appeared first on Gentry Law Firm.
]]>As impressive as these accomplishments are, running your own company can pose a unique set of challenges – and pursuing a divorce on top of it can feel downright overwhelming. The matters settled by a divorce can affect your business, so whether you are currently working through your divorce or are considering ending your marriage, here are some points to consider as a woman business owner.
When you launched your business, you probably created a business plan outlining what you wanted to accomplish. You should consider making a similar plan for your divorce. By creating your own strategy, thinking through your priorities and any issues that may arise, you can feel prepared and stand a better chance at a favorable outcome.
Your divorce plan should consider your business and other related assets that may need to be divided between you and your soon-to-be-ex, in addition to other aspects of a divorce like child custody or support payments.
A business is a high-value asset, one that you might have started before your marriage or one that may have started after you said, “I do.” Knowing who contributed what to make your business possible is crucial during a divorce.
In Georgia, separate property, the property you owned before your marriage, will likely stay your property after a split. If you created your business after your marriage began, it could be argued it’s “marital” property, which may entitle your spouse to a portion of its value.
In Georgia, divorcing couples separate their assets “equitably.” That means property is divided fairly. That doesn’t mean that you’ll have to split your business down the middle. Part of ensuring a fair split entails knowing the true value of all the marital assets so that each party can walk away from the divorce with a fair settlement. As you’re making a list of your collected assets, you may want to consider hiring a third-party forensic accountant or an appraiser to evaluate your business’s true value. Knowing this number can affect other aspects in your divorce settlement and help you protect what’s yours.
Divorces are settlements, agreements between two people who are ending a contract. As a business owner, you likely don’t want to relinquish control, associated assets, or anything else you’ve attached to it.
You’ll need to weigh every asset included in the marital pool that could be divided, then your attorney can help you decide what you’re willing to negotiate to keep it.
A judge will examine multiple factors before making a final divorce decree and examine contributions made to the household like income, taking care of children, and length of the marriage. Property division is a “fair” process, but you should work with an attorney to establish these matters, especially if you’re looking to secure your business after the divorce.
Some married couples work together professionally. If you own your own business and hired your spouse, you may need to examine how they were paid and if they own any part of the company. You’ll have to consider their rate of pay and if they contributed to your business’s growth.
For instance, if you weren’t paying your spouse at a market-equivalent rate, you may need to provide temporary support until they find a new job if they leave your company. They may also argue they’re entitled to more of your business because they weren’t earning as much. These are critical aspects to talk to a high-asset divorce lawyer about.
Even in the best of situations, going through a divorce can have emotions running high. These can be intensified when your life’s work is also on the line. Owning a business is an emotional thing; this is something you’ve worked to build, grow, and thrive. The idea that it may change with your divorce can be upsetting and unnerving.
You are entitled to these feelings. It’s your life, after all. The best thing to do is to find an attorney who’s experienced in business valuation and is ready and willing to fight with you, for you. Finding an empathetic and passionate attorney can help you keep your business yours.
Divorce is a tricky process. Having the right guide to walk you through your options is critical, especially if there are options that can relieve any major pain points for you.
Although getting a divorce is a process, there is an option that may be less painful to pursue: an uncontested divorce. If you and your soon-to-be ex can agree on the matters of custody, support, and property division, you may be able to get through your divorce with less hassle than a contested divorce.
You will need to negotiate the terms of your divorce settlement, including how to handle your business and related assets, before taking the matter to a judge. Although this can still take time, it often takes considerably less time and money than going through a contested divorce.
Prenuptial and postnuptial agreements are tools that may help you retain your assets in the case of a divorce. If you have either, you should review how it may affect your business.
Prenuptial agreements, written and signed before a marriage, protect separate property. A post-nuptial agreement is one signed after you’re married, and it can be used to protect your finances and assets. Having an agreement in place can help ensure your business stays your business.
As a businesswoman, you should consider how to protect your family’s future. An attorney can help you make decisions that secure your life and protect your business, which in all likelihood, is your livelihood.
Divorce attorneys with experience dealing with high-value assets like businesses are critical when you’re ending your marriage. They can help you calculate your assets’ value, review your marital property, and present a case on your behalf to help ensure you keep your business.
Divorce can seem overwhelming if you’re also running a business and caring for your family. The high-value asset divorce attorneys with the Gentry Law Firm understand your position and are ready to help you fight for your future. Getting a divorce can be difficult, and we’re ready to help you approach this new chapter of your life.
Helping families has been our focus since we were founded. You can rely on us to provide advice, guidance, and assistance as you pursue a divorce. Call (770) 425-5573 or use our contact form to schedule your free consultation.
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]]>The post Estate Planning Tips for Unmarried Couples appeared first on Gentry Law Firm.
]]>For unmarried couples living together, a traditional estate plan may not be the best option. Creating an estate plan can provide safety and reassurance if the worst should happen and one of you dies or becomes incapacitated.
Estate planning is something everyone should consider, no matter their marital status. There are two key factors to remember for estate planning: the stuff and the self. An estate plan outlines what will happen to your property and yourself when you die or become incapacitated.
Married couples have these considerations covered. They can still create wills or trusts to dictate what happens to their property. But if one falls ill or passes away before they make a will, by state law, the surviving spouse will have a say in their partner’s treatment or asset distribution.
An unmarried couple may not have those options or freedoms without proper planning. For some, there could be some mild inconvenience. For others, it could radically upset their lives.
Estate planning is essential for everyone, especially cohabiting unmarried couples, who don’t have the same rights or legal recognition married couples have. This makes creating a plan to protect your property, health, and partner critical.
Joint tenancy is a type of ownership for two or more people to own that property together. Upon death, the surviving partner can assume control of the property. This protects the right of survivorship without the need for a will or trust. Your direct family members won’t have a claim to your property unless you designate them as beneficiaries.
There will be small details to pay attention to regarding joint tenancy, like how retirement accounts operate with unmarried couples. An experienced estate planning attorney can explain the nuances of this concept.
Writing a will is another way to ensure your partner receives your assets upon your death. Dying without a will can leave your estate “intestate,” and the state of Georgia will oversee the succession of your property according to a standard priority of claims. Essentially, the state will distribute your assets to your living relatives in a given order once your debts have been paid.
For any property or assets you don’t own jointly and that can’t be passed through a will, you can name your partner as your beneficiary. You’ll complete a “beneficiary designation” form from institutions that hold your accounts.
You can designate your partner your attorney-in-fact by creating a durable power of attorney. This means they can act in your place if you fall ill or can no longer make your own decisions. This is something most married couples benefit from by default.
By creating this power of attorney, your partner can make financial and medical decisions for you.
With the increasing ubiquity of technology, you’re likely to have several online intangible properties. Social media accounts, websites, cryptocurrencies, or any digital asset should be accounted for in your list of assets.
With a digital estate plan, your partner can control your digital assets after death. An estate planning attorney can coordinate and execute this list with you.
Even with careful planning, it’s still a good idea to have instructions for your partner and family to follow. You might have successfully created a digital estate plan, assigned a power of attorney, written a will, and established joint tenancy. However, a letter outlining every aspect of your estate can keep the air clear once you’ve passed.
Some relatives might assume you don’t have beneficiaries in place if you’re not married, even if you’re in a long-term and committed relationship. A letter of instruction can minimize confusion and streamline the process for everyone.
Working with an estate planning or probate attorney is a great way to set up your estate to mitigate probate issues or road bumps. A knowledgeable estate planning attorney will listen to your needs and describe your legal options to work to safeguard your loved ones’ access to the property you’ve willed them.
Your estate planning lawyer will understand Georgia’s laws and craft a plan to fit your needs. Planning your estate can be a sensitive matter, so you deserve the assistance of an attorney who can empathize with your unique situation and strategize a solution for your goals.
If you’ve decided that marriage isn’t in the cards for you and your partner, you should consider protecting yourself, your property, and your future together. Finding a lawyer who can handle your estate plan with poise and compassion is crucial.
The estate planning attorneys with The Gentry Law Firm have been helping clients for years. We understand how sensitive this matter can be, and we are ready to help you avoid the stress of creating an estate plan. We can help you explore your options and are ready to hear your story.
Call us at (770) 425-5573 or use our online form to schedule your free initial consultation.
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]]>The post How to Modify Child Custody and Child Support in Georgia appeared first on Gentry Law Firm.
]]>Learn more about the modification process for child support or custody in Georgia.
It might sound cliched, but life happens. You could experience a significant disruption in your life, your standard of living could be affected, or you could be doing more to take on the load of caring for your children.
Georgia’s courts will consider allowing a change in child support payments or adjusting a parenting plan if there is a “significant change in circumstances” in either parent’s life. This could include being fired from a job or suffering a substantial injury.
If a parent’s capacity to pay child support or participate in child custody plans is diminished, a court will likely support adjusting their monthly payments.
If your ex may have remarried and now has the ability to pay more in child support, the judge reviewing your case may determine their change in circumstances is significant enough to warrant a change.
Making an arrangement with your ex outside the legal system can have significant and long-term ramifications. It’s critical to get the change in custody or support documented and recognized by the legal system. As a result, anyone found not honoring the court’s orders for support or custody could face contempt of court. Learn more about the timeline and how to seek a modification.
Seeking to modify your child support or custody orders is not a simple matter. A judge will need to see evidence before they approve the adjustment. Finding a family law attorney with experience modifying court orders for child custody and support is crucial.
You need to find a lawyer who can give you honest advice on how to approach your situation and one who is ready to help you file the paperwork necessary to accomplish your goal.
When you seek to change child support payment amounts or your parenting plan, you will be asked why the change is necessary. It’s best to be prepared. You and your attorney will gather supporting documents that can back your claim.
You can use the original support or custody order, proof of your income, proof of your ex’s income, childcare costs, medical paperwork, or anything that might show that the level of child support is inadequate or too expensive. You’re basically finding anything that will show a need for change.
Once you’ve discussed the matter with your attorney and made your goals clear, your attorney will file the necessary paperwork with the superior court in the county where your ex lives. If they live out of state, you can file it with your county’s clerk of courts.
Your ex will be served a notice that you are seeking to change a court order, and they’ll have a chance to respond with a counterclaim. There aren’t default judgments in a petition to modify child or custody orders, unlike other civil actions.
There will be a hearing for all parties to provide their arguments supporting or disputing the need for modified court orders. Both parents can present their evidence to the judge. If the judge agrees with the custody or support change, they’ll approve the petition, and it will go into effect.
A change in support does not mean you’ll receive credit for previous payments. However, if your ex ignores the new order, they could be held in contempt of court.
If your petition is denied, you’ll have to wait two years before you can attempt to modify the orders again.
Rulings on child support and child custody are separate matters, but there is a chance one can affect the other. Support payments are generally made to the parent with primary physical custody of the children.
Georgia law requires parents to care for their children. Orders are made for fair contributions from both parents; the parent not physically caring for the children is compensating for them by paying for their care. So if a change in custody is granted, a change in support might be approved.
However, you should discuss the matter with your attorney to ensure you are fighting for the best possible solution for you and your children.
When you’re filing your petition to modify child support, you’ll need your personal information, your ex’s information, and details about your child’s life. You’re providing the court with information that highlights the change in circumstances after the original support order was made.
Although it’s possible that you can handle most legal matters alone, it isn’t recommended. Not only are you fighting for a change in your life, but you’re also trying to make a change in your child’s best interest. You need to make sure every avenue is covered. Hiring a lawyer who can show why the modification is necessary can save trouble down the road.
Changing a court order is not a simple task. When you can only apply for a modification every two years, it’s essential to have all the information necessary, along with the petition correctly completed. You need a Georgia family attorney who understands what’s at stake and is ready to help you accomplish your goal.
The Gentry Law Firm, LLC, is ready to hear your needs and help you get the modification you need. Your family’s wellness and future are our top priorities. We understand how daunting dealing with court can be, especially if you were recently divorced. We have helped countless clients with their family law needs, and we’re ready to hear your case.
Call (770) 425-5573 or use our online form to schedule your consultation.
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]]>The post Who Should be the Executor of a Will? appeared first on Gentry Law Firm.
]]>Learn about the role of an executor, who can be tapped to fulfill this role, and how to make the process as smooth as possible.
In Georgia, executors are also known as personal representatives appointed to manage the estate of someone who is deceased. This appointment could be something they’ve discussed before the fact, or the announcement may come as a surprise.
There are a few people or entities who can serve as a personal representative. In the state of Georgia, an executor must be someone who is at least 18 years old and a resident of Georgia. A financial institution or a trust company could also be named as the executor of someone’s estate.
An executor’s role extends beyond simply reading the last will and testament to their family. They are tasked with identifying and distributing property properly.
This is a crucial first step to distributing an estate’s property. An executor will need to collect, inventory, and take possession of the assets belonging to an estate. The method of collecting assets will depend on the assets themselves.
For instance, taking possession of a house and any household goods could be as simple as having the keys to the home and securing it. An executor may also need to collect mail or passwords for accounts connected to the estate.
After an executor has categorized an estate’s property and calculated its value, they will be responsible for working on the debts connected to the estate, according to Georgia Code § 53-7-7. Those debts could include funerary or burial expenses, taxes due from the estate, or support payments to the family.
An executor must also alert any creditors of the decedent’s passing within 60 days of their death.
In Georgia, the personal representative will also file the estate’s final tax returns and pay the balance on any taxes. The executor can be held liable for failing to complete any taxes for the estate.
The purpose most executors are known for is distributing the estate’s property according to the last will and testament. This can happen once all the debts, taxes, and administration costs are paid. The executor will distribute the property listed in the will to the respective beneficiaries named in the will. The beneficiaries can dispute this distribution, but the executor can use the estate’s assets to pay for an attorney’s services in the matter.
Executors must file the appropriate paperwork with the probate court within set deadlines. Personal representatives are responsible for filing an inventory of the estate’s assets and a final accounting of how the assets were distributed.
This is the final step for the personal representative working on someone’s estate. They will file a petition for discharge with the probate court. This petition states that all assets have been distributed and any disagreements have been settled. If the court approves the petition and accepts the outcome, it will release the executor from further responsibilities.
As the person fulfilling a fiduciary role for an estate, executors carry a hefty responsibility. They are tasked with following the last will and testament of the deceased. They are required to follow Georgia’s probate laws and complete their role as fairly as possible.
If a personal representative does not follow the law or does not comply with their duty, they could be susceptible to a liability claim from heirs or interested parties.
Executors must follow the law as they fulfill their duties. If they aren’t careful, they could cause more distress for a grieving family. The wrong executor could also tie up the estate in more legal proceedings, so choosing the right executor is necessary for everyone’s peace of mind.
There are a few exceptions on who can qualify as a personal representative. Anyone younger than 18 cannot be an executor. Anyone deemed “incapacitated” by the court cannot be an executor either. If the court decides someone cannot manage their own affairs, they will not be allowed to handle someone else’s affairs.
Georgia does allow certain institutions or entities to serve as executors, but only if they’re recognized as fiduciary bodies in the state. Someone who is not a Georgia resident could be named as an executor, but they must be able to perform their duties as necessary.
Finding someone you trust to handle your affairs once you’ve passed away is not a bright prospect. You’re asking a lot of this person; they’re looking over your estate and could be responsible for it for weeks, months, or longer in some cases.
Although your personal representative does not need to be an attorney, it’s a good idea to work with an estate planning lawyer to ensure your assets and your family are protected. They can advise you on your options and guide you through the executor selection process. Family members are often chosen but may have a difficult working through the intricacies of probate law. An estate planning lawyer can help you understand an executor’s role and handle your estate.
Finding an executor is a critical part of the estate planning process. The attorneys at The Gentry Law Firm are prepared to help you work through your needs. We are dedicated to helping the people of Georgia create a plan to protect their assets.
Schedule your initial consultation with us by calling (770) 425-5573 or using our quick contact form.
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]]>The post Ex Isn’t Paying Child Support? Here’s What To Do appeared first on Gentry Law Firm.
]]>There’s no need to feel defeated, though. Learn how to enforce a child support payment in Georgia.
If your ex isn’t making their child support payments, there are some crucial steps to follow to ensure you get what you’re owed. You stand a much better chance of recovering payments if you remember to stay calm and use these steps as a guide.
Getting accurate legal advice for a sensitive subject like missing child support payments is critical. Not only should you trust someone who works in the legal field to guide you, but you’ll be better protected with the help of a family law attorney.
It’s understandable to feel upset if your ex-partner falls behind in their obligations, but it’s better to express your displeasure with your attorney than your ex directly. Your attorney will know the next steps you need to take to recover your child support payments.
Your attorney can help you file a “contempt of court” action against your ex. This is a court order designed to enforce an existing child support order. This action will report that your ex had been ordered to pay child support, but now they’re intentionally not paying what they should be.
A judge can charge your ex with contempt of court, which is punishable by a fine or a jail sentence. A judge might hold your ex in contempt if they’re intentionally withholding support payments. If a change in circumstances affects their ability to make payments, they may need to modify the payment amounts.
Parents paying child support will most likely have their payments directly withheld from their paychecks. An income withholding order notifies employers how much money they must withhold from a non-custodial parent’s paycheck to satisfy their child support obligations.
Since 1994, each support order must specify if wages will be withheld or explain why they won’t be held from a paycheck. It’s possible to modify the order to include a withholding order with the help of your attorney.
Enforcement resources are available with the Georgia Department of Human Resources, Division of Child Support Services (DCSS). This organization can help you collect overdue child support payments or connect your child with medical coverage without involving the courts.
You’ll need to supply DCSS with a copy of the support order. They can then help you collect overdue payments using several methods, like:
Many of these methods can be done properly with the help of an attorney without the need to contact the DCSS.
Yes, there can be legal and financial ramifications for a parent who does not make child support payments. Besides the withholding or garnishing of income, a parent who doesn’t pay child support could face jail time, a lowered credit score, and, in some instances, they may be denied a passport.
It’s important to note that even if the parent chooses not to make payments, that does not remove their obligation to pay their fair share. The unpaid support will accumulate as “arrears.” In some instances, interest could be added for additional costs.
If a parent is having difficulty making payments, programs are available through the state to assist them. The Fatherhood Program or the Parental Accountability Court can aid them and give them direction to get back on a payment plan.
It’s possible your ex isn’t making their payments out of protest; they may think the payment amount could be too high, or they feel they shouldn’t owe that much money for their children. Before they stop making payments, they should decide whether they should ask for an adjustment for the payment amount.
Called a “modification,” it’s possible for parents to ask for a change in child support three years after the order takes effect; they may ask for a modification even sooner if there’s been a “significant change.” That means an involuntary change in employment or income.
If your ex decides they want to change the agreed upon amount of child support paid, be ready to appear in court. You should also keep track of if or when they make payments. They must continue to pay even if they’re applying for a modification.
Working with an experienced child support attorney is critical when you’re trying to ensure your family is getting the support it needs. Attorneys can help you look at your case with objective eyes and give you advice that will benefit you and your family.
They’ll have the knowledge necessary to keep you informed and prepared for anything your ex might throw your way. A lawyer will also be able to represent you in court and handle legal communications. These can be heated situations; a lawyer can defuse tension and ensure things are handled proficiently.
If you’re the primary custodian of minor children, you likely have the right to child support payments. The noncustodial parent has the responsibility to pay for your efforts in caring for your children. If your ex isn’t providing the support you need, you deserve help getting the payments you’re owed.
The Gentry Law Firm, LLC, has helped countless families with their child support disputes over the years. Our founder Attorney William C. Gentry launched this firm with a focus on family health and security. Child support payments are vital to your peace of mind. We will help you fight for what you’re owed.
Call (770) 425-5573 or use our contact form to schedule your free initial consultation.
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]]>The post Living Trusts Versus Wills in Georgia appeared first on Gentry Law Firm.
]]>Also known as a living trust, this method of estate transfer allows you to name a trustee, someone who will manage any assets given to the trust. A trust will direct how your property is distributed after you die or become incapacitated and are created while the benefactor, the person whose property is being transferred, is still alive. Benefactors can change and move around the property until they die or even cancel the trust.
In many instances, a trust’s benefactor will be named a trustee so they can still manage their property until they can no longer work with the trust. As your own trustee, you will maintain control over your assets, and your successor will take over the trust when you become incapacitated or pass away.
Trusts can protect certain assets, but there are limits to what can fall under their umbrella. You can place real estate, financial accounts, life insurance, valuable personal items, or high-value collectibles in a trust.
You might also arrange for your trust to take care of your businesses, like sole proprietorships. With partnerships, you can transfer your share of the partnership to a living trust. For limited liability corporations, you might need most of the owners’ approvals before you can place that asset into a trust.
Wills are some of the most well-known estate planning tools, but they are often a little more complex than what’s portrayed on TV or in movies.
Wills are used to distribute assets after your death. You can name your beneficiaries, direct how your will’s executor transfers property or inheritance, record your final wishes, and even edit the will until your death, as long as you follow the law.
While trusts and wills protect assets after your death, they each carry different benefits and drawbacks. For instance, a will is subject to probate: Once you die, your will is reviewed in court to ensure property is divided equitably. A trust is not subject to probate.
Avoiding probate may be something to consider if you’re hoping to keep some assets out of the public eye. When a will is reviewed in a probate court, its contents become public record. A trust will keep your assets private.
Wills can direct guardianship of minor children, but trusts cannot. Trusts can protect assets and estates from certain taxes while wills cannot. Although wills must go through probate, they have a much lower up-front cost. Trusts generally are more complicated and expensive: costs can depend on how much property you’re transferring and how complex the document is. An experienced attorney can help to make sure your trust is handled properly.
Knowing what a will or a trust can accomplish can give you a good starting place, but these aren’t matters to tackle alone. Drafting a will without legal help could leave your estate – and your loved ones – vulnerable.
An experienced Marietta estate planning attorney is going to understand the requirements and outcomes of both methods. They can create wills and trusts according to your needs. Your attorney will also be able to transfer your assets and assign beneficiaries more efficiently and effectively. You may have a difficult time keeping track of relatives or other considerations when it comes to your property. A Cobb County estate planning attorney will be able to review your decisions and provide guidance when necessary.
You should also find an attorney you can trust to ensure the wills and trusts are executed properly. They can help you correctly draft, complete, sign, and file your forms.
The simple answer to this question is yes. Wills and trusts can be contested, even if you think you have checked everything correctly. Some relatives may argue they were wrongfully excluded from the will, or someone may think a trust is being incorrectly drafted.
A Marietta estate planning attorney can ensure these details are covered and work to make your documents airtight.
Taking necessary precautions to protect your assets and your family’s future is critical. Turn to an experienced and caring estate planning attorney who can empathize with your concerns while creating strong documents to help your estate.
The Gentry Law Firm is ready to hear your case and work with you. Attorney William C. Gentry has practiced family law for decades and is ready to use his extensive experience to help you provide a future for your loved ones. We can handle these delicate matters while defending your assets.
Call (770) 425-5573 or use our online form to schedule your free consultation.
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