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Author Archives: S. Mark Mitchell

Equitable vs. Equal Division of Property in a Georgia Divorce

In a Georgia divorce, property is divided between the spouses according to the rule of equitable distribution. This is different than some other states, where marital property is divided 50/50. Equitable does not necessarily mean equal. Georgia judges consider several factors when dividing up assets and debts, including each spouse’s economic and noneconomic contributions to […]

Can You Be Granted 50-50 Parenting Time in Georgia?

Child custody after a divorce is a complicated issue. Where the children will live and how much time they’ll spend with each parent is determined by a court based on a host of factors — all related to what is in the children’s best interests. Georgia judges are generally averse to granting 50-50 parenting time, […]

Relocation as a Ground for Modifying Child Custody

People relocate for a variety of reasons, such as to pursue economic opportunities, to be closer to loved ones or to seek a better climate or quality of life. However, relocations can complicate child custody and visitation arrangements that were established in a divorce or separation. Still, when there are compelling reasons for the move, […]

Tax Considerations for Child Support Payers and Recipients

In the course of getting divorced, spouses with children may wonder how child support payments will impact their taxes. Prior to the federal Tax Cuts and Jobs Act of 2017 (TCJA), child support was taxable to the recipient parent and deductible by the paying parent. Further, child support orders and agreements often specified which parent […]

How Is Fault Determined After a Car Accident?

The process of determining who is at fault in a car crash sounds deceptively straightforward. It should be a matter of simply identifying the careless driver whose actions caused injuries and property damage. Unfortunately, it is not always easy to tell which party’s carelessness led to an auto accident. To further complicate matters, there are […]

Can Your Stimulus Check Be Taken Back to Pay Child Support?

The Coronavirus Aid, Relief, and Economic Security (CARES) Act brought much-needed assistance to Americans suffering from the economic downturn during the pandemic. The CARES Act gave qualifying individuals $1,200 and married couples $2,400. For each child aged 16 and under, parents received $500. Talks of the next stimulus package have been underway, with a second […]

How Do You Prove Negligence in a Premises Liability Case?

Property owners and managers have a legal responsibility to maintain safe premises, and they can be held liable for harm sustained by visitors who are lawfully on their property. However, premises liability is not absolute. It depends on proving that the owner or manager was negligent and that the negligence caused the accident that led […]

Your Legal Options After an Accident with an Uninsured Motorist

A car crash can be a traumatic, stressful event under any circumstances. When you are involved in a collision with an uninsured driver, however, the situation becomes even more complex. An estimated 13 percent of drivers on American roads are uninsured. That means if you get into a collision, there is a one-in-eight chance that […]

Petitioning for Child Custody as an Equitable Caregiver

In July 2019, Georgia gave legal recognition to the importance of the role that a non-biologically related adult can play in a child’s life. With the passage of the Equitable Caregiver Act, the courts may grant custody and visitation rights to stepparents and certain other people who have provided care and support to a child. […]

Who Can File a Wrongful Death Claim in Georgia?

The death of a loved one resulting from negligent or criminal conduct creates emotional trauma for surviving family members, often accompanied by severe financial loss. While there is no way to fully compensate for such a tragedy, there is a legal remedy, known as a wrongful death claim, which allows recovery of damages on behalf […]