All parents should have a plan in place should an emergency strike during should hours, according to Marietta ProtectMyKidsPlan™ attorney, Steve Worrall. Preparations includes naming short-term guardians, listing the right people on school emergency cards and leaving detailed instructions with babysitters to avoid involvement with social services.
Marietta, GA – “Do you think a school emergency card is enough to protect your kids if something happens to you during school hours?” asks attorney Steve Worrall to a crowd of parents recently attending his popular ProtectMyKidsPlan™ Seminar in Marietta.
The majority of the room raise their hand yes. A few parents are undecided. Yet from a legal standpoint, all of them are wrong.
“Contrary to popular belief, a school emergency card will not protect your children from spending time in the hands of social services if something tragic happens to you, “says Worrall. “The emergency card only gives named contacts permission to pick your kid up if they are sick, not take short-term custody of them if one or both parents are killed or incapacitated in an accident,” he adds.
For this reason, experts such Worrall recommend parents create an emergency plan prior to going to back to school so there is no confusion or legal headaches should tragedy strike. According to Worrall, this plan can be created in 3 easy steps:
- Legally name short-term guardians for your kids– Short-term guardians are the people who have legal permission to care for your child until the surviving parent or long-term guardian can arrive. This should ultimately be someone who lives close by and one who will comfort your children in an emergency.
- Make sure your short-term guardians match those named in the school emergency card– In addition to listing friends and neighbors who can pick your child up from school if he or she gets sick, it’s equally important to list the full contact information of your short-term guardians for true emergencies. Without this information, your children would be placed temporarily in the custody of social services until the surviving parent or legal guardian can arrive.
- Make sure the babysitter knows what to do if you don’t return home– It’s extremely important that parents give their a.m. or p.m. babysitters detailed instructions on what to do and who to call if they don’t return home. In most cases, a babysitter will panic and turn to the police for help, again opening the door for social services to temporarily take custody of your kids until a long-term care provider can arrive.
“Creating a back-to-school emergency plan is so easy— and something that will greatly pay off if a parent is injured or killed during school hours,” Worrall says. “The first few hours after an emergency are the most painful for a child, so it’s important for parents to make sure their kids spend that time with people they love and trust, rather than in the arms of the state,” he adds.
For more information on Cobb County family law and family estate planning attorney, Steve Worrall, please visit call 770-425-6060 or fill out our contact form. For more information about or to attend a ProtectMyKidsPlan™ seminar, sign up here.
Think “prenuptial agreement” and you think “I love you!”, right? Perhaps not! In my Marietta and Atlanta divorce and family law firm, I find that even though an important legal document like this can protect your bank account and other assets, many folks consider a prenup as a dealbreaker. According to Casey Bond, in an article published at GoBankingRates.com, asking for one can be construed as lack of trust by the party requesting it. Thus, it can be a challenge to persuade a potential spouse that having a prenup is a good idea when they have this attitude. This post summarizes Ms. Bond’s article on the radical concept of using postnuptial agreements to save a troubled marriage.
On the flip side, many engaged couples in Marietta and Atlanta believe that signing a prenup is equal in importance to the marriage preparations as it is to reserve the church and register for gifts. But suppose you and your spouse chose not to enter into a pre-marital agreement concerning your finances and you now regret that choice? Your answer may be a postnup instead.
Prenup and Postnups : The Differences
Postnuptial agreements, often called post-marital contracts, are much less commonly used than prenups, but their popularity has been increasing in recent years. Essentially, these two contracts are created for the same purpose, but a postnuptial agreement is made after a couple has been married instead of doing it before the wedding.
The postnup’s purpose is to protect each spouse’s individual income and assets in case the marriage ends, whether as a result of divorce or death of one of the spouses. They are widely used in community property states where entitles one spouse is automatically to the other spouse’s assets when they become married. Remember, though, that every state’s laws and requirements surrounding postnuptial agreements are different.
Postnuptial Agreements: Who Needs Them?
Please understand that signing a postnup does not mean that you expect your marriage to end in divorce. These documents certainly are not for everyone, but a postnup can do a lot of good for many marriages under special circumstances:
Revising a Prenup: Many couples who choose to create a postnuptial agreement already have a prenuptial agreement in place. A postnup is often needed when one spouse has a significant shift in finances, like a promotion or inheritance, and the spouses find it necessary to modify the terms of the original prenuptial agreement. Indeed, there can be numerous changes to a postnup as the financial situation within a marriage changes over time.
Protect a Business: Many business owners will want postnups because a divorce could seriously threaten assets of the business or adversely affect outside partners and investors.
Fights About Finance: Any married person knows that finances and money are often a great source of strain on the relationship. This may be more true for some couples than for others. Occasionally couples who frequently argue over their finances and at risk of divorcing over the subject find that a postnuptial agreement can relieve that stress and once again strengthen the marriage.
Adultery: Postnups are also frequently used as resources for managing an unfaithful spouse. In marriages where a spouse has strayed and engaged in an adulterous relationship with another partner, the other may require in a postnuptial agreement that if it occurs again, the philanderer must pay a large amount of cash to their husband or wife. The question of whether or not this will actually improve the marriage is open to question.
Creating a Postnuptial Agreement
If you are already married and you believe the two of you need a postnuptial agreement, you should understand that the process is not as simple as writing up who-gets-what in case you get divorced and having a lawyer approve it. In Georgia, for a post-marital contract to be enforceable, both parties should have individual legal representation, they must provide full disclosure of each party’s financial situation (i.e., no secret bank accounts) and the contract should be reasonably fair to both parties.
In summary, if you find yourself in one of the categories listed above, You might can benefit greatly from having a postnuptial agreement and it could well be beneficial to create one. Whether it’s a business requirement, or whether it could actually save your marriage, if you believe a postnuptial agreement is a good idea, discuss it openly with your spouse. He or she may agree it is a good idea, too.
In our Marietta and Cobb County family law firm, we frequently prepare postnuptial agreements and prenuptial agreements. Please contact us at 770-425-6060 to schedule a Georgia Family Law Strategy Session to discover more about these documents and whether they are appropriate for you and your spouse or spouse-to-be.
SOURCE FOR POST: Could a Postnuptial Agreement Save Your Marriage?, by Casey Bond in GoBankingRates.com
1. Gross Income-Determine the gross monthly income of both the mother and father. Gross income shall be calculated on a monthly basis and each parent enters the amount on Schedule A.
2. Adjusted Income-The gross income of either parent may be reduced if one or more of the following reasons applies. These are calculated on Schedule B:
· Is either parent self employed?
· If so, that parent’s monthly gross income will be reduced by 6.2% for FICA (up to the annual maximum amount allowed), and 1.45% for Medicare.
· Has either parent been paying preexisting child support orders?
· If so, the parent’s monthly gross income will be reduced by the amount of monthly current support the parent has been paying consistently for a specific period (12 months if order has been in effect that long). If less than full payments have been made, use the average of the amount of current support actually paid. Do not count back child support owed.
· Is either parent supporting his or her other children living in the home, who are not the subject of the case before the court or any preexisting child support order?
· If so, the court may allow a reduction of that parent’s monthly gross income if: (a) the failure to consider the parent’s other child in the home would cause a substantial hardship to the parent, and (b) such adjustment is in the best interest of the child in the current case. If the parent qualifies for this reduction of gross income, a “Theoretical Support Order” is calculated. To calculate: Using the Child Support Obligation Table, find the Basic Child Support Obligation corresponding to that parent’s gross income and the number of qualified other children. Multiply that amount by 75% and the parent’s gross income may be reduced by the resulting amount, if the court so allows.
3. Combined Adjusted Income-Add both parent’s adjusted incomes together to arrive at the combined adjusted income amount. If using the electronic worksheet, it will automatically calculate this for you.
What you need to know about your taxes if you pay or receive child support.
For federal income tax purposes, child support is tax-free to the recipient, meaning neither the ex-spouse nor the child owes taxes on it. However, child support payments are not tax-deductible by the parent who makes the payments — unlike spousal support payments. (Spousal support is tax-deductible for the person who makes the payments and taxable to the recipient.)
Be careful how support is characterized in your marital settlement agreement, as it may have significant tax consequences.
What Qualifies as Child Support?
In order to qualify as child support, the payments received by an ex-spouse must be designated as child support in the divorce or separation agreement. If the agreement lumps the payments together as "family support" or "alimony," or doesn’t otherwise designate a specific portion of each payment as child support, none of the payment will be considered child support for tax purposes.
This can have adverse tax consequences for the recipient of child support payments, because family support or alimony is taxable to the recipient. So instead of receiving nontaxable child support, the ex-spouse will be receiving alimony, which is taxable to the payee, regardless of what the payee actually uses the money for.
Paternity must usually be established before child support can be collected.
The question "Who is the father?" is not as simple a question as you might think. There are important legal distinctions between different situations relating to paternity.
When Paternity Is Agreed On or Presumed
Acknowledged father. An acknowledged father is a biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support.
Presumed father. If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:
- The man was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated.
- The man attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage."
- The man married the mother after the birth and agreed either to have his name on the birth certificate or to support the child.
- The man welcomed the child into his home and openly held the child out as his own.