Do The Math

Your calculation must be accurate because it is one of those few items on a tax return form that the Internal Revenue Service (IRS) can verify very easily. Any irregularities regarding the tax payment on alimony income can easily be tracked down. Therefore, it is very important to mention the correct figure. Do a thorough calculation and find out the aggregate amount of money you have received during the tax year.

Put It In The “Income” Section On Form 1040

You need to fill the form 1040 when you file your tax return. There is an “income” section in this form. You need to put the total amount of alimony payments you received during the tax year in this section.

Complete The Form

After entering the details about your alimony payments, you can go ahead and complete the form as usual; provide your personal information, mention the deductions, and fill up other relevant sections that are applicable to you.

Calculate Your Taxes

When it comes to making tax payment on alimony income, you will obviously like to know how much tax is due on this particular income. You can do your calculation with the help of the tax tables that are usually provided in the “Tax and Credits” section on the backside of the form 1040.

Calculating Tax Refund

Once you are through with your calculation, you can then go ahead and fill out other sections, such as “Payments”, “Other Taxes”, and “Tax and Credits. The difference of the total amount of outstanding taxes and the total amount of taxes that you have already paid and any tax credit (if applicable) must be entered on the backside of Form 1040 either in the “Amount You Owe” or “Refund” section.

Overall, the procedure of tax payment on alimony income is not very difficult. Alimony is like any other income and the IRS requires you to treat it the same way.

Gather Necessary Documents

When it comes to taking legal actions to collect delinquent alimony payments, the first thing you have to do is to gather all necessary documents. For example, you will be asked to provide the court orders or divorce papers, where specific provisions for alimony payments have been made. The paper must contain all the details, such as the amount of money you are supposed to receive, the schedule for the payments, and other terms and conditions (if any). Besides that, when you file a lawsuit or a formal complaints in this type of case, you will also have to provide the relevant documents as a record of the payments you received. The document must include complete details on how much money you received, how many times the payments were made in time, and how many times the payments were late.

Get Yourself Educated On What Your State Laws Have To Say About It

The next thing you have to do is to gather information about the laws applicable in your state. It is very important for you to keep in mind that the laws regarding the collection of delinquent alimony payments may vary significantly from one state to another. An easy way out is to consult an experienced attorney, discuss your case, and get some legal advice.

Explore Your Options

While you are educating yourself about the laws, your main objective should be to find out what options are available to you based on the kind of situation you are currently in. Depending upon the specific nature of your case, you may have to file a lawsuit in the court against your former spouse (who is supposed to make the alimony payments) or you may simply have to file a formal complaint with your state authority.

Talk To Your Ex-Spouse

Your ex-spouse might be in some kind of financial trouble and you might not be well aware of the circumstances he/she is facing. Therefore, it will be a nice idea to talk to him/her directly and ask for clarification on why the alimony payments have stopped. But again, such talk is possible or not will depend on your relationship with your ex-spouse. In any case, it is always better to talk and reach a mutually agreeable resolution. It is less time consuming, less stressful, and completely inexpensive as compared to having a lawyer to deal with the situation on your behalf.

While you follow the procedure to delinquent alimony payments, you must be well aware of your legal rights. Besides that, you are also recommended to leave your emotions aside. There is no need to get angry over your ex-spouse just because the alimony payments have been stopped. You can deal with the problem more efficiently by staying calm.

Sign A Written Contract

Many divorce attorneys in Atlanta do not require you to sign any contract. But, you are recommended to hire a lawyer only when he/she signs a written agreement with you. The contract must explain everything clearly, such as about the kind of services they will offer, how they can be accessed, how they will keep you updated with the developments in your case, and how they will charge their fees. Make sure that the agreement explains the provisions regarding fee arrangement very clearly, such as how often the invoices will be sent to you, whether you are required to make a certain amount of payment upfront, whether you will be charged on an hourly basis of the service, and whether there will be additional expenses, such as to cover the cost of the copies of documents that will be sent to you. In most cases, you will be asked to make a deposit in the beginning and then the lawyer will charge by the hour. The advance deposit is also termed as retainer fee. The written fee agreement must clearly outline the terms and provisions regarding this. In the absence of such an agreement, you are likely to end up paying several hidden expenses.

A Low Fee Does Not Mean Great Services

It is also very important for you to understand that the divorce attorneys in Atlanta who charge low fees are not always the best ones. The low fee should not be a criterion to judge the quality of the services. In many cases, hiring a cheap lawyer may turn out to be very expensive, especially when the judgment does not come in your favor. Therefore, focus on those lawyers who are highly reputable and experienced and charge reasonable fee. It does not make any sense to hire a cheap attorney who has very little experience.

You are also recommended to practice frugality during the process. You must have a budget to work with. Make phone calls only when it is necessary. Stop all those financial activities that are merely based on temptation. In fact, you can save a lot of money if you choose to deal with your case without hiring divorce attorneys in Atlanta. This option may just work if you are still able to communicate with your spouse. Though it seems to be a rare possibility, it is still a possibility. Try negotiating a mutually agreeable settlement with your spouse. If you succeed, you can resolve the case within a very short period of time, that too, without needing to spend a lot of money.

Experience

An Atlanta divorce attorney who is highly experienced in handling divorce cases in your area can make things a little less stressful while making sure your rights and interests are well protected and that you get a fair judgment. Experience matters a lot, as it allows the lawyer to make the best use of his/her knowledge and expertise in a way that benefits you. Attorneys with substantial experience know how the laws work in your jurisdiction and what to expect of the judges in which circumstances.

Specialization

It is important for you to keep in mind that the laws in Georgia allow an Atlanta divorce attorney to handle cases in other fields of law also, such as personal injury claims, real estate, or any other field. But, attorneys who work like jack-of-all-trade are often not very useful. They tend to take every case that comes their way, which indicates that they are more interested in earning money than in helping you get a fair judgment. Therefore, you are strongly recommended to consider only those lawyers who have specialization primarily in the field of divorce law only.

Testimonials

Reviewing the testimonials from former clients of the lawyer is also an important step when it comes to choosing the best Atlanta divorce attorney. These days, almost every lawyer has an official website, where they also provide clients testimonials. These testimonials obviously say positive things about the lawyer and it is likely that the information out there is false or manipulated just to show a better picture about the lawyer’s services to the prospective clients. Therefore, you are advised to ask the lawyer to provide a list of clients they have formerly worked for. The idea is to contact those clients either on phone or through personal meeting (if possible) and find out about their experience with the attorney.

Communication

The next thing you have to look out for is whether the attorney is easily accessible. Many lawyers appear during the initial consultation and then they disappear, leaving you to communicate through their assistant only. Therefore, it is important for you to make sure that the Atlanta divorce attorney you are hiring is not only easily accessible but is also quite prompt in responding to your requests for meetings, emails, or phone calls. The previous step where you have to talk with the former clients of the lawyer in question can get you a good idea about it. Still, you should also ask the attorney to provide a written office policy.

Fee

Reputable lawyers must be very clear about the fees they charge. While some attorneys provide the first consultation free, others may charge you for that. The provisions regarding fee may vary from one lawyer to another. For example, you may be charged on an hourly basis or at a fixed rate per consultation. You may even be asked to pay a certain amount of money upfront. You may also like to know how often they send invoices.

Last, but not the least, you must have a god comfort level with the Atlanta divorce attorney you are considering hiring. If you are not confident in the lawyer’s ability or if you are not comfortable working with them, you should keep looking.

How Much Experienced They Are?

To start with, you must ask an array of questions to an Atlanta divorce lawyer about their work experience, such as the number of divorce cases they have handled so far and the number of cases they settled out of court through negotiations. Ask if your spouse has contacted them or if they know your spouse. You also need to know if they have any acquaintance with the attorney who is representing your spouse. Ask them about their familiarity with the local family court judges. It is also important to find out what is better in lawyer’s opinion – negotiated settlement outside the court or trial. Besides that, you should also ask them if they practice collaborative divorce and how much experience they have (if at all) in negotiating a settlement for various other aspects associated with divorce, such as business valuation, property distribution, large financial settlements, alimony, child custody, child support, and an array of other specific issues that you think may come up in your case.

How They Are Going To Handle Your Case?

The second part of questions that you have to ask an Atlanta divorce lawyer during the first consultation should be about the way your case will be handled. Ask them to be very clear about whether they will handle your case themselves or they will appoint another attorney for this. Sometimes, there is a team of experts, mostly assistants, to handle your case. The lawyer you are consulting with must explain these things in advance. You also need to find out how easily accessible they are. Ask them if they can be contacted through emails or via phone. Better, request them to provide you a written copy of their service policy. Look into the kind of caseload they have in order to find out if they will have time to devote to your case. Enquire about the best time of the day when they can be reached when needed. Be very specific while you ask questions about how you will be reported about the progress of the case – will they provide you copies of the documents filed with the court? How they will inform you about the developments in your case? You may also like to know if they care to ask for your opinion before planning and implementing strategies. Besides that, it will also be a good idea to ask them to describe their personal feelings about child custody (sole custody and joint custody) and about spousal support.

How Much They Are Going To Charge You?

In the end, you must ask the Atlanta divorce lawyer you are interviewing to explain the provisions regarding their fee. For example, you can ask questions about their hourly billing rate, retainer fee, and the extra fees that can be applicable if the case goes to trial. Does the fee include the cost of the services of other associates who are helping the lawyer on your case? Do they charge extra for the copies of the documents they send to you? Ask them if they will send you itemized bills and how often the bills are sent. You must also know if a contract will be signed regarding the fee arrangement. You have to be very specific with your queries. For example, you may also like to know if they will sue your spouse to pay your attorney fee.

Interviewing an Atlanta divorce lawyer with these questions will help you make an informed decision whether you should hire him/her or look out for another one.

Get A Complaint Form

The first thing you have to do is to contact the superior court clerk in Atlanta and request for a complaint form for divorce. You can find all types of forms (that are required to be completed in this type of case) from this clerk.

Read The Instructions Thoroughly

Before you start filling out the form, make sure you read the instructions and guidelines provided with the form thoroughly. Even if you have hired an Atlanta divorce attorney to perform the paperwork, it will be better if you know what this form is, what kind of information you need to provide in this form, and how it will affect your case.

Fill Out The Form

While you fill out the different sections of the form, make sure you do not miss any part. Even if a particular section in the form is not applicable in your case, you should not leave it blank; instead, you should write “none” or “N/A” in that section.

Basic Information

The basic information you need to provide in the complaint form includes a request to the court for divorce, general information about your debts and assets, the details of your children from marriage (such as their names and dates of birth), the date of your marriage, the basic details about your spouse (such as his/her name, age, employment, and other such records).

Filing The Petition

Even if you are filing the petition on your own, it is always better to get it thoroughly reviewed by an expert Atlanta divorce attorney in order to make sure that the form has been filled out properly. You can file your petition with the superior court clerk.

Responding To A Petition

If your spouse has filed a divorce petition against you, you must respond to the same within a specific time frame. In your response, you will have to fill out a different form that is termed as “praecipe”. You can obtain this form from the same superior court clerk in your county.

Motion For Temporary Orders

If you also want to request some temporary court orders regarding certain matters involved with the divorce case, you will have to file motions. Some common matters where a court may issue a temporary order include child support, visitation rights or parenting time, child custody, and others. When you file motions for temporary orders, you will get a specific date and time for court hearing. It is your responsibility to notify your spouse about the hearing; for this, you need to complete some other forms.

If you look at the overall process, you can see how complex things can become if you do not complete the paperwork thoroughly. That is the reason you may like to hire an Atlanta divorce attorney to help you with this.

Adultery Is One Of The 12 Possible Grounds For Fault Divorce

As per the Atlanta laws, there are 12 possible grounds to file a fault divorce; adultery is one of them. The other grounds include habitual drug addiction, incurable mental illness, cruel treatment, habitual drunkenness, conviction of a felony, willful and continued desertion by either of the spouse for a period of twelve months, impotence at the time of marriage, mental incapacitation, and force, duress and fraud.

The Legal Definition Of Adultery

When a person is having an extra-marital affair, it is adultery. The laws however have defined it more specifically – adultery is a situation when a married person has sexual contacts with an individual other than his/her spouse. It can be any type of sexual contact, including sexual intercourse. The expert guidance from an Atlanta divorce lawyer will help you understand the legal proceedings so that you can make an educated decision. Atlanta laws recognize two types of adultery cases – homosexual activity and hetrosexual activity by a married person. Though the traditional definition of adultery is limited to sexual intercourse only, Atlanta laws are much stricter in this regard.

Time Frame

The laws in Atlanta though do not have any specific provisions regarding the time frame between the commencement of a divorce case and the adulterous activity by a spouse, the court does have the right to review the time frame and decide whether the case should be handled as a fault or no-fault divorce. For example, if your spouse was engaged in adultery a few years back and you are filing the petition for divorce now on that ground, it will be very difficult for you to convince the court that your marriage got affected because of those activities by your partner that he/she did a few years back. You may have the logic that you came to know about your spouse’s adultery only now, but the court is likely to ask you to file your petition as a no-fault divorce because a significant period of time has already passed without affecting your marriage.

If you are considering hiring an Atlanta divorce lawyer to handle your case, you can contact the State bar of Georgia to access a directory of lawyers that are experienced in this field of law. The address is – State Bar of Georgia, 104 Marietta St., N.W., Suite 100, Atlanta, GA 30303. You can also give them a call at 404-527-8700 and 800-334-6865 to find out details about a specific lawyer.

Length And Amount Of Payments

A good Atlanta family law attorney can help you qualify for a mortgage program easily, especially if you have been receiving the alimony payments for at least the last twelve months. The amount of the payments also matters; it should be high enough to make your overall monthly income at least fifty-five percent more than the overall monthly debt that you owe to different creditors. Reputable companies are much stricter with their policies; they consider alimony as a source of income only if you have been receiving it for at least the last three years. You will have to provide the relevant documents that should show the amount of money you have been consistently receiving and for how many months. Even if it is just one year old, you still have your chances to show it as income, but for that, you will have to provide proof that you will keep receiving the same for at least the next two years. It means temporary alimony cannot be considered as a source of income when it comes to qualifying for a mortgage program.

Receiving Mortgage Payments As Alimony

An Atlanta family law attorney can represent your case in such a way to convince the court to order your ex-spouse to pay your monthly mortgage payments instead of alimony. Such provisions are likely to occur when both parties agree to reach a divorce settlement. As per this type of settlement, you will be having the home in your name while your ex-spouse will be liable to make the monthly mortgage payments.

Documents To Prove The Payments

Though some companies do accept your bank account statement as a proof of alimony payments, most mortgage lenders will require you to provide a copy of the court order regarding alimony. The court order must clearly explain how much amount you would receive every month and for how long. If it was a mutual agreement (and not a court order), you will have to show the copy of that agreement (obviously, it has to be a written agreement).

Overall, having an expert Atlanta family law attorney on your side can make things much easier for you when it comes to qualifying for mortgage with alimony.

Type Of Payments

As per Atlanta laws, there can be three types of alimony payments. The first type is where a large sum of money is paid as a one-time settlement. The second type is where you have to pay a certain amount of money on a temporary basis for a specific period of time. The third type is permanent alimony that includes regular monthly payments.

Factors That Are Taken Into Consideration

In order to determine whether you should be made liable for alimony payments or not, an array of factors are taken into consideration. It is important for you to have a good Atlanta family law lawyer on your side because the laws applicable in these types of cases vary significantly from one state to another. You need someone who is an expert in the Atlanta laws for alimony.

Do Not Hide Anything From Your Lawyer

Once you hire a lawyer, make sure you provide all the details to him/her. Your attorney is going to represent you in the legal proceedings associated with your case and so must be well aware of the reason why you are getting ending your marriage. It will be better if you also provide some background history on how the relationship was developed and all that. It will help your Atlanta family law lawyer to make an informed move. Some crucial factors in cases of alimony include ex-spouse’s employment background, the reasons for divorce, and the longevity of the relationship. If the ex-spouse was engaged in adultery and if you can prove the same in the court, you can easily avoid alimony obligations.

Factors That Can Cause The Alimony Payments To Be Ceased Or Reduced

In Atlanta, the alimony payments can be ceased or reduced on various grounds. For example, if the ex-spouse is living in with another partner who is also supporting him/her financially, it can be a solid ground to refute alimony. Besides that, the agreement gets automatically terminated in case the ex-spouse remarries or bears child from another partner.

Overall, things can be quite complex when it comes to dealing with alimony cases, but you can still ensure a favorable judgment if you hire an expert Atlanta family law lawyer to handle your case.

The Final Decision Must Be In The Best Interest Of The Child

The laws have been designed in such a way that makes sure that the final decision (whether it is a mutual agreement or a court order) is in the best interest of the child. Protection of the child’s interest is the most important factor to consider. Other factors that are taken into consideration include physical and psychological status of the parents and the child, history of the relationship of the parents with the child (such as which of them used to be the primary caretaker of the child during the marriage), and other such things. When you hire an experienced Atlanta family attorney, you can get detailed information on how to prepare to maximize your chances of getting a favorable judgment while making sure that your interests and rights are also well protected.

Temporary Custody

There are usually three types of custody that are offered in Atlanta, Georgia – sole legal custody, joint legal custody, and temporary custody. Temporary custody is often granted to a parent in a situation where the judgment in the divorce case is yet to come. The court may order one of the parents to take custody of the child for a temporary period until the divorce proceedings are complete. The other parent gets temporary visitation rights on certain terms.

Sole Legal Custody

Sole legal custody is granted in rare cases. Atlanta laws usually do not prefer it, but in extreme cases, there can be exceptions. In this type of custody, only one parent becomes the sole authority to stay with the child and make decisions for him/her. The other parent does not even get the visitation rights. For example, this type of court order is very much likely in cases where the other parent is not available. Sometimes, things might turn out to be quite unfair for one parent. That is the reason why you must have a good Atlanta family attorney on your side to represent you.

Joint Legal Custody

This is the most common type, and Georgia laws usually prefer this option. As the term suggests, this type of custody gives both the parents certain rights, such as they both can take part when it comes to making decisions for a minor child. But, despite that, the primary residential custody of the child is given to just one parent only. The other parent gets certain rights to visit the child regularly.

If the court orders are violated in future, things can become very complex. The guidance and representation from an expert Atlanta family attorney can be crucial in such cases.