Posts by Scott Shaw
Am I Entitled to Part of My Spouse’s Pension?
Pensions belonging to either spouse may constitute marital property under Georgia law, at least to the extent that the spouse contributed to the pension during the marriage, causing it to appreciate in value. This may be the case even if all or part of the pension is unvested. Typically, if the parties agree or the…
Read MoreWhat is Baseline Value and How Does It Impact the Calculation of Appreciation in Valuing Property?
In the state of Georgia, property acquired by one spouse prior to the marriage is normally classified as separate property, whereas property acquired during the marriage by either or both spouses is typically seen as marital property. While this seems like a straightforward classification for the equitable division of property in a Georgia divorce, the…
Read MoreWhat Are Some Factors That May Be a Deviation From a Child Support Order?
Georgia’s child support guidelines provide for deviations from a party’s basic child support obligation, some of which may be ordered by the court, and others which may be agreed upon by the parties. The court will not order any deviation from the child support obligation unless it determines that the deviation would be in the…
Read MoreWhat is an Income Deduction Order? Is It Different Than an Income Withholding Order?
Both income deduction orders and income withholding orders are designed to require employers to directly withhold child support and/or alimony payments from a person’s paycheck. Georgia law requires that wage withholding be implemented in family law proceedings involving child or spousal support, unless the court determines that there is good cause not to require such…
Read MoreWhat is a Domestic Relations Financial Affidavit Form?
Uniform court rules in the state of Georgia require that all participants in a divorce case involving child support, alimony, or other financial issues complete a Domestic Relations Financial Affidavit (DRFA) and sign it under oath. You typically must fill out the DRFA completely and serve it upon your spouse within 15 days prior to…
Read MoreWhat is a Temporary Divorce Hearing?
During the time period between filing for divorce and finalizing your divorce, you have the right to ask for a temporary hearing. At this hearing, you can request the judge to issue temporary orders about certain issues, including child custody, visitation or parenting time, child support, alimony, property division, and debts. It is important to…
Read MoreCan I Get My Spouse to Pay My Attorneys’ Fees in My Divorce?
Every divorce is different, and the divorce judge who is assigned to your case may or may not order your spouse to pay your attorneys’ fees in your divorce judgment. Whether you receive an award of attorneys’ fees in your case depends on the facts and circumstances surrounding your case. Attorneys’ fees may be ordered…
Read MoreHow is Child Support Calculated When Each Parent Has Custody of One Child?
Georgia’s child support laws set forth uniform guidelines for calculating a parent’s basic child support obligation, as well as any deviations from that amount, both mandatory and non-mandatory. These guidelines assume that one parent has primary custody of the parties’ child or children in making the child support calculation. However, this calculation may not be…
Read MoreWhat If There is a Mistake in My Marital Settlement Agreement?
Marital settlement agreements constitute the agreement of the parties as to all matters involved in their divorce, including child custody, parenting plans, and support, alimony, and division of property and debts. These agreements are enforceable under Georgia law, but in order to become legally valid and enforceable, they first must be approved by the divorce…
Read MoreWhat Can a Prenuptial Agreement Do for Me?
A prenuptial agreement can be a very effective means of protecting property and other assets in the event that a couple chooses to divorce in the future. While it may seem unromantic to talk about prenuptial agreements, more and more couples are turning to these agreements in an attempt to minimize the financial distress and…
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