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Why a divorced parent may want to ask the IRS to stop sending the advance Child Tax Credit!

The Federal government has started to send out monthly payments to parents. The first payments were issued in July, 2021 and have begun appearing in bank accounts in the last week or so. These payments are an advance on a child tax credit that you may (or may not) receive on your 2021 taxes. My understanding is that the total tax credit could be up to $7,200 per child. The Federal Government decided to send out half of the tax credit in six monthly payments from July – December. So, you may have already received a credit in your bank account of up to $300 per child.

So, why might you want to ask the Government to stop sending you this money? The problem is that you may not actually be entitled to the child tax credit. If you are not entitled to the tax credit, he IRS will want their money back when you file your taxes next year. My understanding is that they are sending the tax credit out to parents who claimed the children on their 2020 taxes (or maybe their 2019 taxes if they haven’t filed for 2020 yet). So, if you were able to claim your children on your taxes on your 2020 taxes, but won’t be able to claim them on your 2021 taxes, you may be getting the credit, but will eventually have to pay it back.

Now, I am no tax professional, so please consult your tax expert about this issue. In the meantime, here is an article I saw on this issue, and a link to a page with instructions on how you might stop these payments.

https://www.cnbc.com/2021/07/15/divorced-parents-may-want-to-opt-out-of-the-advance-child-tax-credit.html?__source=sharebar|email&par=sharebar

https://www.irs.gov/credits-deductions/child-tax-credit-update-portal

#helpful hints #Child Tax Credits #divorced parents #when is free money a bad thing

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An Update from Kleem Law regarding Coronavirus

Coronavirus Update

I hope you and your family are safe during this difficult time.  I want to update you on ways that I am responding to the Coronavirus epidemic.

1.  I am still working.  I can work from my house or by going into my office.  I have the ability to speak with clients over the phone or through video conferencing.  As you might have guessed, though, I am not meeting people in person right now.

2.  I am still taking cases.  My systems are able to work through the disruption that the virus has caused.  If you need to reach out to discuss an adoption, divorce or personal injury claim, like a car wreck or wrongful death, please feel free to call and set up a time to talk.  

3.  I can still file cases even though the Courthouse is closed.  There are certain things that may continue to be delayed, like big contested hearings, but some things may start to happen, like uncontested matters.  Also, if you find yourself in a dangerous situation due to domestic violence or spousal abuse, there are things that can be done to protect yourself.  Please give me a call.

4.  Also, if there is a situation that may require immediate action, like a child being in danger with the other parent, I can get you in to see a Judge for immediate relief.  Give me a call about this as well.

5. For existing clients, please feel free to reach out if you have any questions or concerns.  I am here and available, as always.  

6.  Please take good care of yourselves and your families.  Be safe and be well.

I look forward to talking with you….

Curtis

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Should I hire an attorney to get a divorce if I agree on everything with my spouse?

divorce agreement

This is a very common question that I get. Attorneys can be expensive and if you agree on everything, why get an attorney? I always advise people to get an attorney for a divorce if one of two things are true. The first is if you have minor children. The second is if you have any joint debts or joint assets, like a mortgage, house owned jointly, or cars owned jointly. Now, I know that one of these circumstances exists is most every divorce. But in these circumstances, there are some very good reasons to hire an attorney. I will discuss each situation below:

If you have minor children, you will want an attorney:

If you have minor children, I always recommend getting an attorney to draw up your divorce papers and agreement. The first reason is that drafting a workable parenting plan that fits the individual needs of your family can go a long way to help your children be happy and secure moving forward. Every family situation is different and a good parenting plan takes into consideration the unique aspects of the family and the children. I have drafted literally hundreds of parenting plans, and all of them are different. If you hire me to assist you, you will sit down with me (not my assistant) and we will discuss what would work best for you, your spouse and your children. Furthermore, there are specific issues that must be dealt with in every parenting plan before the divorce can be approved by the Judge.

The second big reason to get an attorney if you have children is that in Georgia, all divorces are required to comply with the Georgia child support statute (O.C.G.A. § 19-6-15). This statute is very confusing, and the requirements for meeting the statute are quite demanding. There are Child Support Worksheets that must be filled out properly and then there is specific language that must be included in the Final Divorce Decree and in any Agreements. Further, even if you are able to get the Judge to sign your paperwork, the fact remains that you may have cheated yourself out of thousands and thousands of dollars because the amount of child support was not calculated correctly.

If you have jointly owned assets or joint debt, you will want an attorney:

Division of marital property and marital debt is a vital aspect of any divorce. When you get a divorce, a big priority should be to remove any remaining financial entanglements between you and your spouse. So, for instance, if you purchased a car that is titled in both names and the debt on the car is in both names, you will want to include very specific language for how to deal with that. I can include the proper language in the divorce agreement that best protects you in the future. This is even more vital when we start talking about homes and mortgages. Can one party refinance the debt and keep the home? If so, when and how should that be accomplished? Or should the home be sold? If the house is to be sold, what agreements need to be in place to make that process go smoothly. These issues can be very difficult to handle and the paperwork needs to be just right to provide for an orderly process moving forward.

Another note about equitable division of marital property: The concepts involved with joint assets and joint debts are complicated. Just because something was purchased under the name of one party does not mean it is not marital. And sometimes assets obtained during the marriage are not marital property. You should surely hire an attorney if you own a home together, if there are any other joint assets or joint debts, or if there are other significant assets and debts that you would question whether they are marital or not.

Do not hesitate to call 706-277-0606 if you are still unsure if you need an attorney for an uncontested divorce.

Over the years, I have seen countless situations where someone comes to me after their divorce is over and asks me to fix the problems with the paperwork. Some of these problems cannot be fixed (generally equitable division of property is final and cannot be modified later), and others are very difficult and expensive to fix. It is always preferable to handle these issue correctly the first time while the Divorce is going on.

If you would prefer to set an appointment for an uncontested divorce, you can CLICK HERE to set an appointment online.

#Divorce #Children #Joint Assets #Joint Debt #Mortgage #Equitable Division #Judge #Parenting Plan #Child Support Worksheets #Get it Right the First time

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What should I do if my ex is not paying his/her Court Ordered child support?

Are you not getting the child support you are entitled to?

If you have a Court Order that requires the other parent to pay child support, and they are not paying at all or falling further and further behind, you do have some options:

  1. Go to the Child Support Enforcement Office. They can enforce your child support order. There are pros and cons to this option. Pros: Once they get going, the Child Support Enforcement Office can intercept tax refunds from the parent behind on child support and can even suspend different state licenses, like driver’s licenses and professional licenses. These actions can result in getting paid some of the amount you are owed. Additionally, you generally don’t have to pay anything to Child Support Enforcement beyond a one time fee of $50. Cons: The Child Support Office is full of some great people, but they are over-worked and they don’t technically represent you. So, the process can be slow and time consuming.
  2. You can hire a private attorney to file a Motion for Contempt. There are pros and cons to this option too. Pros: A hired attorney can get a Motion filed within a day or two and set a hearing within a few weeks, generally. Further, the private attorney is more likely to ask the Judge to order the parent behind on his child support to be incarcerated if he or she continues to not pay. This sounds drastic, but it can be very effective in getting the child support caught up. Finally, the private attorney you hire will represent you and your best interests. Having a good attorney on your side while in Court and generally when dealing with these issues can be invaluable. Cons: You will have to hire the private attorney, which usually means an up front payment. (But see the notes below for another option) Further, the private attorney cannot intercept the tax refund of the other parent.
  3. Do nothing. There are no real pros to this option, but plenty of cons. I find it is best to deal with problems before they get too far out of control.

Here are few other things to consider:

  • A Motion for Contempt is usually filed in the County where the original order was filed, regardless of where the parents now live. There are exceptions to every rule, but usually you go back to the county where the child support order is.
  • It is sometimes best to send a letter to the parent behind on his or her child support before you file a Motion in the Court to give them an opportunity to do the right thing. Sometimes this solves the problem. But if it doesn’t solve the problem, you can then show the Judge later that you tried to resolve the issue without asking the Court to intervene.
  • If you don’t have a good copy of the previous order that you are operating under, make sure you get one and read it very carefully. It is always good to have a really good understanding of all of your rights and responsibilities under the order.
  • If you are worried about being able to pay the initial costs for an attorney to represent you regarding the child support you are owed, go ahead and give Curtis a call. Sometimes, we can work something out if the circumstances are such that we feel good about ultimately being able to recover your back child support and attorney’s fees. Often the Judge will order the party behind on child support to pay your attorney’s fees for you.

Give Curtis a call about this and other family law issues at 706-277-0606.

#help #child support #contempt #kids are expensive #it adds up quick #Kleem Law

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The Forever Family 5K – November 9, 2019

For all the runners and walkers out there, or people who just want to support a good cause, consider walking or running in The Forever Family 5K in Tunnel Hill, Georgia on November 9, 2019. This race is sponsored by The Levi Circle, a great organization that supports foster parents and adoptive parents in Northwest Georgia. I work closely with this organization and am honored to do so.

Check up on The Levi Circle’s Facebook page for more information: https://www.facebook.com/theforeverfamily5K/

Or give me a call at 706-277-0606 if you have any questions!

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Help. My child’s mother won’t let me see my baby.

Every child deserves to have a strong bond with his or her father.

This is a frequent problem that I see quite often. Allow me to outline what is going on here, and give some pointers on how to proceed. You can also view a short video on this topic on my YouTube Channel: https://youtu.be/BMAdyNqmCo0

If you are not married to the Mother of your child when your child is born in Georgia, then you are not considered a legal parent. If the parents are not married, then only the Mother is recognized under Georgia law as a legal parent. Even having your name on the birth certificate as the father does not make you the legal father.

As the only legal parent, the Mother is allowed to make all decisions about the child and to decide who gets to see or visit with the child. So, until a Court recognizes the biological father as the legal father, the Mother has the legal right to keep the child from you. I believe that all children need a strong, close relationship with both parents. So, if the Mother is not allowing any contact or visits, then the biological father needs to take affirmative action to be declared the legal father.

So how does the biological father go about being declared the legal father? The process is to file a petition of legitimation in the Superior Court in the County where the Mother lives with the child. This is a civil lawsuit. As a part of the legitimation lawsuit, the Superior Court can do a number of things: 1) declare the biological father to be the legal father, 2) award custody or visitation to the biological father, 3) set a child support amount and 4) change the child’s last name to that of the father. It is strongly recommended that you hire an attorney to assist you in this type of case.

How does a man prove that he is in fact the biological father of the child? Sometimes a DNA test will need to be completed. However, if both the Mother and the man agree that the man is in fact the biological father, then a DNA will not necessarily be required. The parties can simply agree that the man is the biological father. However, if there is any doubt about this, both parties should insist on getting a DNA test. Why? Well, if the Court determines in an order that a man is the biological father, then it can be very hard, and perhaps impossible, to later claim that you are not the father.

It is important to note that there are important reasons to be declared the legal father of a child over and above simply being able to visit with the child. First, as a legal parent, you will typically be involved in the important decisions regarding the child, like medical and educational decisions. Second, once you become the legal father, it will be easier for the child to receive any governmental benefits that would flow from you, like social security disability. Third, in the unlikely event of your death, your child will be recognized as your heir for inheritance and other purposes. For these reasons, the law is set up to encourage biological fathers to legitimate their children. I consider this an important step in being a good dad.

Please feel free to contact me should you have any questions about legitimation or other family law issues.

#FAQ #legitimation #birthcertificate #familylaw #legalfather #biologicalfather #help

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Fingerprint Criminal Background Checks for all Adoption Petitioners

One of the new requirements for all adoption Petitioners in Georgia is to submit to a criminal background check. For many types of adoptions, this is a new requirement that is contained in the new adoption code that went into effect on September 1, 2018. I have created a workflow for getting this done efficiently by working closely with the Whitfield and Murray County Court staff.

Our Judges are taking this requirement very seriously. If you are concerned about what may show on your criminal history, please be sure to tell your attorney about the charges so that he or she can advise you about the ramifications the charges may have on an adoption. It should be noted that just because you have a criminal history does not necessarily mean you cannot adopt. The age of the charges and the severity of the charges are taken into consideration.

If you have any questions about this new requirement, please do not hesitate

to call me to discuss.

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The Forever Family 5K is coming!

If you have never heard of The Levi Circle, then you need to. This is a group associated with First Baptist Church of Tunnel Hill. Basically, they support families who are fostering and adopting children. They are doing great work.

Their one fundraiser each year is The Forever Family 5K. It is scheduled for Saturday morning, Nov. 10. Check out the link below:

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Georgia’s New Adoption Code is here!

I have spent a few hours over the last week studying the new Adoption Code which took effect on September 1. I have updated my forms to comply with the new code. And on Saturday, I supervised the first signing of the new surrender documents at Hamilton Medical Center.

The new code has shortened the time in which a biological parent has to withdraw their surrender to four days (from ten). This is the big change in the code, but not the only change. The required language in the surrender documents has changed too as have some requirements for all adoptive couples once we file the adoption with Superior Court. I have been in touch with the clerks and other officials in the Court system to make sure this transition goes smoothly for my clients.

I am ready to assist you and your friends with adoptions under the new code. Please give me a call should you have any questions.

#adoption #newborns #Georgiasnewadoptioncode