Author Archives: S. Mark Mitchell
New Georgia Law Changes the Rules for Settlement Demands in Auto Accident Cases
Georgia has a longstanding policy of encouraging early settlement of automobile accident cases. Both drivers and insurance companies generally benefit from pre-trial settlements. Injured people can get compensation more quickly and avoid the unpredictability of a judge or jury deciding the case. Insurance companies save on costs and counsel fees otherwise spent on investigations and […]
Five Major Causes of Motorcycle Accidents in Georgia
Motorcyclists enjoy the sense of freedom they get from riding down a highway, but this enjoyment comes at a potentially heavy price. The accident rate for motorcycles is high both nationally and in Georgia. Even careful riders risk severe injury due to their lack of protection and the danger of operating these small vehicles in […]
What Changes of Circumstances Justify Modification of Child Support?
Judges in the Georgia courts determine child support obligations according to state guidelines that take into account the child’s needs and each parent’s economic circumstances. However, those needs and circumstances are likely to change over time. If the changes are substantial enough, a modification of the original child support order may be possible. Generally, a […]
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 […]
