Client contacted our office for assistance in her claim for damages against her insurance company after her home was burglarized and some expensive personal items were stolen. She obtained a copy of the police report and filed a claim with her insurance company. The insurance company requested a copy of the receipts for the purchases and, while Client had some of the receipts, a few of the items were gifts and the receipts were in the boxes. After a couple of months, the claim had still not been paid. Our attorney wrote a letter to the insurance company demanding that the insurance company complete the claims process and compensate Client for her loss. In response to our letter, the insurance company responded that they would be issuing payment for the claim. Recovery for Client, $4,071.98.
Client contacted our office for assistance in obtaining a refund of money she paid for a real estate education program. Client signed up for a professional educational program that was supposed to teach her about real estate. What she received was a handful of online seminars and access to a leads database, where all the leads were dead and the five “guaranteed” sales that were promised never happened. Client also received only a few brief telephone mentoring calls and the mentor never flew out to meet with her in person, as promised. Our attorney wrote a letter to the company advising that Client was not satisfied with the program and demanded a refund of the fees paid. A settlement was reached after some negotiation between attorneys. Recovery for Client, $22,500.00.
Client contacted our office for assistance after being served with a lawsuit stemming from an unpaid funeral expense. Client acknowledged that she owed the debt for the costs of her husband’s funeral and had promised to pay the debt when her house sold. She has just recently closed on the sale of her home, and in an attempt to resolve the matter without further litigation, our attorney offered to reach out to opposing counsel with a settlement offer of $10,589.55. In response to our letter, the company agreed to accept the $10,589.55 payment and dismiss their claim. Savings to Client, $2,000.00.
The Importance of Requesting Temporary Relief During The Pendency of A Family Law Proceeding
In an ideal and perfect world, everyone would opt for an uncontested divorce or put in place an amicable custody and visitation arrangement without any disputes or hindrances. However, that is not always the case. Matters involving division of marital debts and assets can become contentious, and questions as to whether a party is owed spousal support may also come up during the early stages of a divorce. Parents, whether married or unmarried, 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, especially if there will be an imminent split. Similarly, parents may debate over which parent has the obligation to pay child support or what amount should be paid. Family law proceedings may take several months, even years to adjudicate. Issues, complications, or emergencies may arise prior to the final hearing date. In the interim, during the pendency of these proceedings, the parties have the option to petition the court for temporary relief pending the final resolution or decision of the case. A judge may issue a temporary order in order to establish parental or financial rights and responsibilities of the respective parties.
As discussed above, there are some more reasons why a party to family law proceedings may want to request a temporary hearing. Maintaining status quo is a big reason, especially in the divorce context if the 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 did not historically pursue 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 temporarily order the non custodial parent to pay temporary child support, child care costs, and provide health insurance for the children, if parties cannot work out an agreement. The court may also establish custody, visitation schedules, or order that a court appointed representative conduct a child custody evaluation.
As always, please call our office 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. We look forward to receiving your call.
Recent Firm News
This year our firm celebrated Lay Day in a big way! Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. We kicked off our celebrations by sponsoring the Georgia Center Against Domestic Violence’s annual 5K race on Sunday, April 29, 2018 in Piedmont Park. We sent a team to support the beautiful event and Marisa Szabo, one of our Legal Assistants, took first place in her age group with a very impressive time of 26:30. Congratulation, Marisa!
2018 Firm Holiday Closings
Memorial Day -May 28 (Monday)
Independence Day- July 4 (Wednesday)
Labor Day- September 3 (Monday)
Thanksgiving- November 22 & 23 (Thursday & Friday)
Christmas- December 24 & 25 (Monday & Tuesday)