A Qualified Domestic Relations Order (a “QDRO”) is utilized to apportion retirement benefits in the state of Georgia. A QDRO must be used to divide a 401(k) and a pension. That is the only way to divide these retirement accounts when you get divorced. Each pension or 401(k) requires its own separate QDRO. A judge from the court that granted the divorce must approve of the QDRO. If a party doesn't cooperate in providing information for the QDRO, that party can be sanctioned by the court.
Many divorces are uncontested, but some are contested and have issues that need to be negotiated by the parties involved or decided by a judge. Child custody is based on the best interests of the child. Child support in Georgia is done with the child support calculator. Alimony is based on various factors. Length of marriage, incomes, job and career possibilities, and education are just some of the variables considered when looking at alimony.
Many lawsuits are filed every day in Georgia. Many of these legal actions involve the non-payment of debt. If you file bankruptcy, you can eliminate the debt you are being sued on. Many people get served with law suits and then contact a bankruptcy lawyer. If we file either a chapter 7 or chapter 13 bankruptcy, we can eliminate the debt and make the lawsuit "go away."
Paternity is determined with a blood test or a buccal swab. A DNA test is highly accurate and can determine the likelihood of paternity to 99.99 percent. The DNA test will confirm or disprove if you are the child’s father. In fact, it can exclude the father with 100% accuracy. DNA is a unique genetic "fingerprint." A baby takes half of each parent’s DNA, so the baby is a shared mix of its mother’s and father’s DNA.
You can eliminate doctor and hospital bills and all kinds of medical debt if you file for bankruptcy. So any debts you have from hospitals, clinics, physicians, etc., can be included in your filing, just like credit card bills and other debts. And whether you file a Chapter 7 or a Chapter 13, you can eliminate your medical debt.
Specific QDRO requirements are contained in the law known as ERISA, the Employee Retirement Income Security Act of 1974. Under the law, a QDRO must contain the following: the name of each plan involved; the full name and last known mailing address of the participant and the alternate payee; the number of payments or time period to which the order applies; and, the precise dollar amount or exact percentage (or the method of determining the amount of percentage) of the benefit to be paid to the alternate payee.
You can’t have a jury trial in a municipal court in the state of Georgia. And Sandy Springs is no exception. By law, jury trials can only be held in state courts and superior courts. If you want a jury trial you will have to “bind-over” the case to Fulton County State Court, which is in Atlanta. The reason the case would be sent to the Fulton State Court is because Sandy Springs is a city located in Fulton County.
If you are convicted of or plead guilty to a DUI charge in the state of Georgia, the relevant DUI statute, O.C.G.A § 40-6-391, requires “a period of probation of 12 months less any days during which the person is actually incarcerated.” However, it’s possible that the probation can become non-reporting once you have completed all of the conditions of your sentence. Some of the conditions of your sentence can include a risk reduction course and community service, among other things.
What is a Qualified Domestic Relations Order (QDRO)? A QDRO is a type of domestic relations order usually issued in divorce cases. During a divorce or legal separation, a QDRO splits a retirement or pension plan by recognizing joint martial ownership interest in retirement accounts was different types.
A qualified domestic relations order, also known as a QDRO, is a special court order that grants a person the right to a portion of the retirement benefits of his or her former spouse who earned them through participation in an employer-sponsored retirement plan. QDROs are typically prepared during or immediately after divorce proceedings. In a QDRO, the person who earned the benefit is called the “participant” and the person who is designated to receive a share of that benefit is called the “alternate payee.” QDROs can award benefits to the alternate payee while the participant is alive, as well as survivor benefits should the participant dies.
A QDRO (pronounced as “qua-dro”) is a type of domestic relations order usually issued in divorce cases. During a divorce or legal separation, a QDRO splits a retirement or pension plan by recognizing joint martial ownership interest in the plan. A QDRO is a difficult document to draft and many people make mistakes when drafting them.
DUI charges in Gwinnett County are handled in many courts. Gwinnett County has municipal courts, also known as city courts, along with a state court and a superior court. Gwinnett County also has a Recorder’s Court.
You can get a DUI simply from the use of legal prescription medications. In fact, it is becoming more and more common. As more people utilize prescription drugs for various physical and mental diagnoses, we are seeing more arrests being made for DUI-drugs. Oftentimes if a police officer suspects that a driver is under the influence of drugs, they will request a blood test. And the results of the blood test will be of great importance to a DUI-drugs charge.
It’s quite common for people to feel a cop was mean to them and was dishonest in some way, particularly when the interaction ends with a DUI arrest. Most police officers, in our experience, are well-trained and professional, but like all professions and careers, there are exceptions. It's not illegal in many circumstances for a cop to lie. As a Sandy Springs DUI lawyer, we analyze your case to determine if the police officer crossed any legal lines.
Failure to maintain lane is a common reason to be stopped by a police officer. The Georgia law for failure to maintain lane is O.C.G.A. 40-6-48. In evaluating whether a stop for failure to maintain lane was proper, we would like to know if the police officer has a video of it. Many DUI arrests involve a failure to maintain lane stop.
Before we assess your “chances in court” when facing a Dunwoody DUI, we’d certainly want to do some investigation. We’d want to scrutinize the police report and watch the video of the stop and arrest, if one exists. That’s a good way of determining what your best options are. Then we can determine what tactics and strategies to utilize in the Dunwoody Municipal Court.
The breath test administered on the street by a law enforcement officer is usually known as an Intoximeter, Alco-Sensor, Preliminary Breath Test (PBT), or Preliminary Alcohol Screening test (PAS). It's usually a hand-held device. An Intoxilyzer, however, is generally a larger machine than an Alco-Sensor and it is usually administered in a jail, at a police station, or at another law enforcement location. The Intoxilyzer test, unlike the Alco-sensor test, is admissible in a Georgia court for the specific alcohol reading.
A prenuptial agreement is to help you protect premarital assets and plan for whatever the future may bring, as you enter your marriage relationship. A postnuptial agreement is very similar to a prenuptial agreement; however, it is a contract that is written after a couple gets married.
The Gwinnett County Police, as part of one of their Special Operations Sections, have a DUI Task Force. As the name implies, the Task Force’s goal is the enforcement of DUI laws and to make DUI arrests. More and more we’re seeing that if a driver refuses a breath test, the Task Force members are getting warrants from a judge allowing a blood draw. Blood tests are considered to be the most accurate measure of a person’s alcohol level. Under Georgia law a police officer, deputy sheriff, or state trooper can make a warrant application to a judge, and if the judge signs-off, then the law enforcement official can force the driver submit to a blood test.
It certainly doesn’t hurt her if we tell the prosecutor that she rarely drinks. The same is true for the marijuana possession charge. The question, at first, at least, is whether there exists evidence for a criminal charge. If there is not enough evidence, the charge can be dropped. If there is evidence, then the question for a criminal defense lawyer is how to best handle the matter so that the client gets the best possible outcome under all the circumstances.
Traditionally, many people feel that a shower “sobers” someone up. In movies and in books it is common for a character to take a shower to help regain sobriety. However, taking a shower does not actually “sober” someone up in the technical sense of lowering their blood-alcohol concentration. A hot shower or a cold shower does not have an effect on alcohol that has been ingested into your body.
As Roswell divorce attorneys we deal with “money issues” and “child issues” every day. Pensions and 401 (k)’s are divided using what’s known as a QDRO (a Qualified Domestic Relations Order). We draft many QDRO’s. Child support and child custody are common issues in divorce. The Georgia child support guidelines are used to determine child support payments and the standard for child custody is the best interests of the child.
Child custody is determined by a judge or jury based upon “the best interests of the child.” This allows a court to fashion a situation that keeps the kids safe and gives them the best chance of thriving.
Under Georgia law, each subsequent DUI is punished more severely. So it comes as no surprise that a second DUI carries more severe ramifications than a first DUI, and a sentence for a third DUI is yet sterner. Interestingly, because Georgia is composed of many counties and cities, each entity has a wide range of latitude to craft its own sentences. Each county and municipal court can vary slightly (or sometimes not so slightly) in how it sentences for DUI. Sentence conditions like jail time, community service, fines, and probationary period can vary between jurisdictions even for the exact same charge.
The primary consideration for a Georgia court in a custody matter is “the best interest of the child.” The court wants there be the least impact as possible on the child. The judge wants the child’s routine to remain normal and stable since children do best when they feel comfortable, safe, and protected. A court will consider a number of factors when making a custody decision, including: the age and health of the child, the jobs and careers of the couple, which parent is handling primary parenting responsibilities, the child’s preference of parent, the emotional ties between the parents and the child, the time each parent spent with the children in the past, history of family violence, alcoholism or drug abuse, and parental skills.