Archive for January, 2010

Don’t Miss these Final Financial Details in Divorce

Sunday, January 31st, 2010

Here are some helpful tips to remember when going through a divorce:

By Lisa C. Decker, CDFA(TM)
 
 
Moving into the next chapter of your life means wrapping up old business so that you can stay focused on the future.  Here are a few helpful tips to make sure that you don’t leave open any doors that really should be closed for good.
 
Some parting items that you and / or your attorney may need to deal with when your divorce decree is handed down.
 
Assets: 
•         Remember to separate all accounts and change titles where applicable.
•         For investment accounts it is most important to change your beneficiary designations as these will override what is written in a will.  If this step is missed your ex could end up with assets you did not intend for them to have.
•         Don’t forget to have your attorney file QDRO’s if you have qualified funds to split as a part of your divorce settlement agreement.
 
Debts / Liabilities:
•         Remember to separate all accounts and change titles where allowed.
•         If  you are still liable for joint debts that could not be separated before the divorce was final, then make it a top priority to get your name removed from as many joint debt accounts as possible now and when able in the future (such as when the primary residence can be refinanced).
•         Make sure to review your credit reports from all three agencies in 3-6 months after the divorce is finalized and correct any errors you may find.
•         Make sure that your divorce decree handles what will be done with any joint taxes that may be owed or refunded.  This includes federal, state, local, property and potentially others.
 
Protection:
•         Be sure to visit an estate planning attorney and have your wills changed.
•         Change beneficiaries on all life insurance policies.  As with investments, these beneficiary designations override a will.
•         Change and remove spouse from other insurance policies – Health, Homeowners, Auto, Umbrella, etc.
 
Support:
•         If you are receiving spousal and child support and need to go back to court to ask for modifications in the future, please beware of the IRS child contingency rules that could put you in a potential tax trap if you are the one paying support.  Make sure to check with your CDFA or CPA if you do ask for a modification around either of these items so you don’t inadvertently end up with a hefty tax bill.
 
These are items that are frequently forgotten amid the turmoil of divorce.  It is vitally important that you follow-up on these things as soon as possible to avoid unintended consequences that can come back to haunt you years later.
 
©2008-2010 Lisa C. Decker, CDFA(TM) All Rights Reserved.
 
Lisa C. Decker, CDFA, is an expert in divorce financial matters as she guides clients to “Divorce Your Spouse, Not Your Money(TM).”  To learn industry insider secrets on “How to Avoid Losing Control of Your Mind, Money & Material Possessions in Divorce” so you keep more money in your own pocket when dealing with your spouse, your attorney and Uncle Sam go here:  http://vur.me/dmm/Save-Money-in-Divorce.

Tips To Reduce Stress On Divorced Parents And Their Kids

Sunday, January 10th, 2010

(NAPSI)-The fact that parents are divorced should not keep special occasions such as holidays and birthdays from being joyous events–if both parents commit to shared planning, scheduling and coordination.
Divorced dad Paul Volker was navigating shared custody with his ex-wife when the stress of the situation inspired him to turn to the Internet for a better solution to their scheduling conflicts.
When he couldn’t find a resource online for divorced parents, he launched OurFamilyWizard.com  to help families reduce stress and manage schedules seamlessly.
The company’s mission is to make communication between divorced parents with shared or joint custody more effective and less stressful for the children. The site offers a neutral location where parents can let down their guard and ultimately do what’s best for their kids.
Top tips divorced parents can follow to help reduce the stress of shared or joint custody include:
• Have a plan and discuss it with your child. Let your kids know where they will be and with whom for upcoming events so they are prepared in advance. The site offers kids access to family information, such as shared calendars, free of charge with a family subscription.
• Keep kids out of the middle. Many divorced parents rely on their children to act as a messenger about changes to visitation schedules and other important matters. It’s the adults’ responsibility to show children they can count on their parents to provide organization, consistency and stability after divorce.
• Provide reassurance. Children of divorced parents need to feel protected and loved. It’s important to provide reassurance and comfort to kids during significant, landmark occasions, such as the holidays and birthdays. Let them know that there is a plan in place and that both parents are on board.
• Use technology to stay organized and keep the peace. Planning and scheduling through a neutral Internet site allows divorced parents to communicate with each other without the need to pick up the phone. It’s a secure and fair way for both parents to participate in the process away from the children. The site features shared family calendars, protected message boards, notifications and reminders, a family journal, information management and an expense log.
Visit OurFamilyWizard.com for more information.

Grandparents’ Rights In Georgia

Monday, January 4th, 2010

As a domestic relations attorney in Georgia, I often receive inquiries as to the rights of grandparents in that State.  Generally, theses inquiries relate to three specific situations: grandparents wanting visitation rights to grandchildren; grandparents wanting custody of grandchildren; and grandparents merely wanting power of attorney or formal guardianship to temporarily care for grandchildren.

 While it is the express policy of the State of Georgia to encourage contact between grandchildren and grandparents who have shown the ability to act in the best interest of the children, in the State of Georgia grandparents have limited rights to grandchildren.  In the case of visitation rights, a grandparent may petition a Georgia superior court for visitation rights to grandchildren only in the instance in which a custody, visitation, divorce, or termination of parental rights case regarding the children is already pending, or whenever there has been an adoption in which the adopted child has been adopted by the child’s blood relative or by a stepparent.  In such a situation, a Georgia superior court may grant any grandparent reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation. In Georgia there is no presumption in favor of visitation by any grandparent.  Grandparents in Georgia may not file an original action for visitation where the parents of the minor child are not separated and the child is living with both of the parents; parents that are married and living together have the right to deny grandparents visitation with the child.  In the case an adoption petition filed by a blood relative or stepparent, a grandparent who has already been awarded visitation rights may intervene and object to the adoption of a child, and in that case the Georgia superior court may deny the adoption or grant the adoption but continue the grandparents’ formal visitation rights.

 Grandparents in Georgia wishing to obtain custody of their grandchildren as opposed to visitation rights may file an original action for custody in Superior Court, and may be granted custody if the court hearing the issue of custody, in the exercise of its sound discretion and taking into consideration all the circumstances of the case, determines that an award of custody to the grandparent is in the best interest of the child or children and will best promote their welfare and happiness. In Georgia there is a rebuttable presumption that it is in the best interest of the child or children for custody to be awarded to the parent or parents, but this presumption may be overcome by a showing by the grandparent that an award of custody to the grandparent is in the best interest of the child or children. The sole issue for determination in this type of case is what is in the best interest of the child or children.  If a grandparent feels that they can show a Georgia superior court that it is in the best interest of the child that custody be removed from a parent and awarded to the grandparent, the grandparent may file a custody action regardless if the parents are married and living together.

 In the case of a grandparent in Georgia who needs to care for grandchildren temporarily with the permission of a parent but does not want formal visitation rights or custody to grandchildren, the parent may delegate to the grandparent residing in Georgia caregiving authority regarding the minor child when hardship prevents the parent from caring for the child. This authority may be delegated without the approval of a Georgia court by executing in writing a power of attorney for the care of a minor child in a form substantially complying with the laws of Georgia.  A parent may automatically terminate the authority delegated to the grandparent by notifying the grandparent by certified or overnight mail.  The authority to designate a grandparent to act on behalf of a minor child is in addition to any other lawful action a parent may take for the benefit of the minor child, and the parent shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child.  One step further in this type of case is for the grandparent to petition for formal guardianship of the grandchild in a Georgia Probate court; this is a formal, court-ordered relationship as opposed to a non-court ordered relationship.  In Georgia, formal guardianships are granted only with the permission of both living parents and they may be terminated by the filing by the parent of a request to end the guardianship and in that case the Georgia Probate Court would determine whether it is in the best interest of the child to terminate the formal guardianship.

 All visitation, custody, and guardianship cases in Georgia must be filed in the county in which the current legal custodian resides.