Recent Success Stories
Client contacted our office for assistance to enforce collection of a judgment. Client is a landlord whose tenant had been involved in an accident, and was withholding rent while she awaited receipt of settlement proceeds from the accident claim. Client ended up having to evict the tenant and received a judgment against her. Client was seeking advice on how to file a lien on the settlement. Our attorney discussed the issue with Client and explained that, although he could not put a lien on the settlement, he could file a garnishment for the money owed before opposing counsel paid out the funds. Client took our attorney’s advice and filed a garnishment. He called to let us know that the timing was perfect, and he was now getting the full amount of the judgment. Recovery for Client, $10,022.00.
Client contacted our office for assistance after her insurance company failed to pay her claim following an incident where a pipe burst in her home and caused significant damage to her floors. The insurance company advised Client to go ahead and get the water damage and plumbing repaired. The insurance company sent an initial payment of $1,451.09 and advised Client to notify them for supplemental payments. Client hired a local contractor to remediate the water damage and repair the home, which cost significantly more than the initial estimate. Client submitted the invoices to the insurance company and after sixty days still had not received payment. Our attorney wrote a letter to the insurance company demanding that the claim be paid within thirty days. In response to our letter, the insurance company paid the total cost of the repairs. Recovery for Client, $4,955.91.
Client contacted our office for assistance after receiving notice from the Pharmacy Licensing Board that he would have to complete the entire certification process due to deficient continuing education courses for 2018. Client had gone on-line to the Board’s website and requested an extension to complete his continuing education hours, and uploaded a list of the classes he was scheduled to take. Client traveled out of town over the holidays and when he returned, he followed up on the extension request. Unbeknownst to him, there had been an automatic system update on the same day, and a glitch resulted in his request not being processed. Our attorney wrote a letter to the Board asking that they reconsider their decision, and accept the documentation that Client provided requesting the extension. In response to our letter, the Licensing Board agreed to grant him the extension to complete his additional continuing education hours. Savings to Client, $4,000.00 in recertification fees and testing.
Your Most Frequently Asked Questions About Family Law
Our law firm receives many calls relating to your family law related questions. We recognize the importance of speaking to a qualified professional who can guide you or your loved ones during trying and challenging times. Our attorneys will review the facts and circumstances uniquely inherent to your situation, and can provide important advice and tools to protect your financial and parental rights.
Here is a partial list of some of the questions we receive:
What is the difference between an uncontested and a contested divorce?
Ending a marriage is never easy. Among other things, the parties have to deal with dividing marital assets and debts, and structure a plan to co-parent their minor children, if any. In an ideal and perfect world, everyone would opt for a peaceful divorce without resorting to protracted litigation. Divorcing spouses, who can agree on how to handle financial matters, and put in place an amicable custody and visitation arrangement without any disputes or hindrances, may consider jointly filing an uncontested divorce.
Unfortunately, that is not always an option, and the dissolution of a marriage is often times a contested matter. Issues involving the division of marital debts and assets can become contentious, and questions as to whether a party is owed spousal support may also arise during the early stages of a divorce. Likewise, parents contemplating divorce may find themselves in a precarious position, or be at opposite ends of the spectrum when contemplating who will take care of their minor children or how they will be raised. Similarly, parents may debate over which parent has the obligation to pay child support or what amount should be paid.
What happens during the pendency of the final trial?
Family law proceedings often take time to adjudicate. The court may send the matter to mediation, in a desire to give the parties an opportunity to settle this very personal matter without resorting to a public trial. Before a case ever gets to trial, however, there are typically other issues, complications, and more urgent matters that may arise which need to be addressed prior to a hearing date. In the interim, the parties have the option to petition the court for temporary relief pending the final resolution or decision of their case. A judge may issue a temporary order in order to establish parental or financial rights and responsibilities of the respective parties.
There are several reasons why a party in a family law proceeding may want to request a temporary hearing. Maintaining status quo is a big reason, especially in the divorce context where spouses are accustomed to living a certain lifestyle. A judge can restrain and prevent the parties from closing bank accounts, canceling credit cards or health and life insurance policies, or hiding destroying, selling, transferring, borrowing against, or disposing of marital assets such as homes, cars, furniture, household wares, electronics, and other property. Judges may temporarily grant one spouse exclusive use and possession of the marital home, and order the other spouse to help make mortgage and utility payments until the divorce is finalized. For parties who have been married a long time, where one spouse may not have pursued a career or higher education for familial reasons, the court may order the other spouse to provide spousal support and pay the attorney’s fees to cover the cost of the divorce.
Judges may also decide disputes over child support, custody, and visitation rights on a temporary basis pending the final hearing, so that the parties can take care of the immediate needs of the minor children. Often times, the judge may order the non-custodial parent to pay temporary child support, child care costs, and provide health insurance for the children, if the parties cannot work out an agreement. The court may also establish custody and visitation schedules, or order that a court-appointed representative conduct a child custody evaluation.
What is a Guardian Ad Litem
The court may appoint a guardian ad litem (GAL) in contentious cases where there may be alleged abuse or neglect by a parent, or there are ongoing custody disputes. The GAL, who may also be a licensed attorney, can be described as the eyes and ears of the court, and serves the trial judge to determine child custody and/or recommend a visitation schedule in keeping with the governing standard of what is in the best interests of the children.
Will I Get Alimony or Spousal Support?
The simple answer is that it depends. The judge will review the financial needs of the party requesting alimony, as well as the other party’s ability to pay. The judge will also consider the following factors: (1) length of the marriage; (2) living standards of the parties; (3) the earning capacity of the parties; (4) the age and physical conditions of the spouses; (5) financial contributions of the parties during the marriage; (6) financial resources available; and (7) length of time the supported spouse needs in order to become employed. See O.C.G.A. 19-6-5.
This touches very briefly on only a few of the variety of issues involved in most family law matters. We encourage you to contact our office if you have any questions related to a family law issue, or any other legal matter. Please call us anytime between 8:30 and 5:00 p.m. Monday through Friday. We look forward to assisting you, as always.
Firm Accolades< Deming, Parker, Hoffman, Campbell, & Daly, LLC is pleased to announce that the firm has been selected as a U.S. News & World Report Best Law Firm in 2019. Principal Richard Campbell was recently named as a 2019 Georgia Super Lawyer. Richard A. Campbell Top Rated Family Law Attorney in Norcross, Georgia Selected to Super Lawyers: 2008, 2010 - 2019 Licensed Since: 1989 Education: Oklahoma City University School of Law 2019 Firm Holiday Closings
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