Parker Law Firm

Coronavirus (COVID-19) Update

Fri, 13 Oct 2023 21:13:00 GMT

At the Parker Law Firm, your health and safety are extremely important to us. Although the widespread pandemic has ended, there is still no cure for the coronavirus (COVID-19) and cases are on the rise once again. Therefore, our firm will still adhere to common-sense measures to keep our staff and clients safe.

We are back in the office full-time. However, will schedule in-office appointments where applicable (i.e., preparation for trials) and we will ask that you wear a mask during your office visit. Otherwise, most appointments will be conducted via telephone, via Zoom or Microsoft Teams.

Thank you.

Establishing Paternity In Georgia

Fri, 19 Oct 2018 23:00:00 GMT

If a child’s parents are married, both have equal rights to custody and visitation. However, in the case of a child born out of wedlock, only the mother has any rights to custody. This is true even if the father’s name is listed on the birth certificate of the child. Paternity establishes a man as the biological father of a child.

There are three ways paternity may be established in Georgia. The obvious way is if both parents are legally married to each other at the time of the child’s birth. Second, parents may voluntarily agree on paternity by executing a paternity acknowledgement form. Third, if the parents of a child do not execute an acknowledgement of paternity, paternity may be established by court order.

Either parent or the Georgia Department of Human Resources may bring a paternity action. Effective July 1, 2015, the Georgia Division of Child Support Services (DCSS) is required by law to conduct paternity testing in all newly established child support cases in which paternity has not already been established. Depending on the county of residence, establishment of paternity by the DCSS may be processed through a local Superior Court or through an Administrative Court.

If paternity testing is found to be necessary and the ensuing test results are positive regarding the alleged father, he will be responsible for payment or reimbursement of the paternity testing expenses fronted by DCSS. If the test results are negative regarding the alleged father, the applicant/biological mother will be responsible for payment or reimbursement of the paternity testing expenses fronted by DCSS. The paternity testing fee will not be charged to mothers who are receiving TANF or Family Medicaid, grandparents raising grandchildren or relative or non-relative third-party custodians. If the mother of the child is deceased, genetic testing labs typically offer some type of parentage testing.

However, a finding of paternity only creates an obligation on behalf of both parents to provide financial support and health insurance for their child. Such a finding gives no rights to an unwed father regarding visitation or custody. In order to establish any rights to custody or visitation, a father must legitimate a child. One way to do this voluntarily is by signing the “legitimation” section on the paternity acknowledgement form.

The Parker Law Firm specializes in establishing parental rights on behalf of deserving fathers, whether by paternity or legitimation. Call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation to discuss this or any family law issue. HAPPY HOLIDAYS from the Parker Law Firm!!!

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Settle Tax Debt With Internal Revenue Service For Less Than You Owe

Fri, 19 Oct 2018 22:53:00 GMT

An Offer in Compromise (OIC) is an agreement between the taxpayer and the Internal Revenue Service (IRS) that settles a tax debt for less than the full amount owed. An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship. https://www.irs.gov/

Acceptance of an offer requires that the amount offered to be based on the Reasonable Collection Potential of the taxpayer’s assets and future income over a 12 or 24 month period of time, depending on whether the offer is considered a cash payment or a periodic payment .

In determining the taxpayer’s Reasonable Collection Potential, the IRS will look at:

(1) Assets owned by the taxpayer (homes, vehicles, investments, retirement plans);

(2) Future Income of the taxpayer (age, health, education, potential for future increases or decreases in income);

(3) Amounts collectible from third parties; (i.e. fraudulent conveyances) ; and

(4) Assets and/or income that are available to the taxpayer but are beyond the reach of the government. (I.e. equity in assets located outside the country).

Unless special circumstances exist, offers will NOT be accepted if it is believed that the liability can be paid in full as a lump sum or by installment payments.

The IRS has numerous internal resources to obtain information about the taxpayer. So it is important that the taxpayer is transparent.

WHO IS QUALIFIED FOR AN OFFER?

Any wage earner or self-employed individual can submit an offer. Businesses that owe federal taxes and cannot immediately pay them may also submit an offer.

Submitting an application does NOT ensure the IRS will accept your offer. It begins a process of evaluation and verification by the IRS into the taxpayer’s ability to pay.

THINGS THE TAXPAYER MUST DO BEFORE FILING AN OIC

The IRS will only consider an offer filed by a taxpayer who:

(1) Has filed all returns they are legally required to file;

(2) Made all required estimated tax payments for the current year, and

(3) If the taxpayer is a business owner with employees, make all required federal tax deposits for the current quarter.

If the taxpayer fails to do any of these, the IRS will not consider their offer.

OFFER IN COMPROMISE PRE-QUALIFIER TOOL

Before you complete the application, you can see if you are eligible for an offer in compromise by completing the OIC Pre-Qualifier Tool. https://irs.treasury.gov/oic_pre_qualifier/ .

The tool guides the user through 6 steps which seeks information related to the taxpayer’s FILING HISTORY, INCOME, and EXPENSES. When the series of questions are completed, the taxpayer is informed whether or not they qualify for an OIC, and if so, HOW MUCH MONEY THEY SHOULD OFFER.

The submission of an offer does not stop the penalties and interest from accruing during the evaluation process.

Dealing with the IRS is never a pleasant experience and filing an OIC can be very complicated, therefore, you should never try to deal with the IRS without an experienced attorney. Contact the Parker Law Firm at 770-246-1331or email us at info@theparkerlawfirm.net . We have saved our clients over $1M dollars in taxes and we can help you, too.

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Tips for Filing Your 2016 Taxes

Thu, 09 Mar 2017 22:14:00 GMT

We are in the middle of the 2016 tax filing season when everyone is anxious to file their taxes in hopes of receiving a refund.

This article will provide you with simple pointers to ensure that you get your refund and not a tax audit by the Internal Revenue Service.

You must count unemployment benefits as income.

Common Errors to Avoid When Preparing Your Tax Return

If there are errors in your tax return, it may take longer for the IRS to process your return and this may delay your refund.

Tax audits are never easy nor fun. It takes patience, thoroughness, and attention to detail to deal with the IRS. Our firm has over 20 years’ experience handling tax audits. If you receive any correspondence from the IRS concerning your tax return, call the Parker Law Firm at 770-246-1331 or email us at info@theparkerlawfirm.net .

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How Long Does A Divorce Case Take?

Wed, 14 Dec 2016 23:01:00 GMT

Legal matters never take overnight. Some last for months, even years. It is more than a bit difficult to predict the time a contested divorce case will take from beginning to end. Overloaded court dockets are a circumstance that may increase the duration of a divorce case. Some states, including Georgia, require a waiting period for divorce. For example, the State of Arizona will not grant a divorce in the period that ensues sixty days after service of the divorce petition.

Georgia law mandates that a petitioner must wait thirty-one (31) days after the filing of the divorce complaint to request the court to consider signing any divorce decree and final order.

Therefore, the earliest date after a divorce petition is filed that a Georgia court may grant a final divorce decree is thirty-one (31) days. However, this is simply the absolute minimum amount of time that a divorce case may take assuming the judge signs the decree and final order on the thirty-first day. As one would imagine, the chances of this happening are slim and none!

It is after thirty-one (31) days have passed that the clerk of court will submit the divorce file to the judge’s assistant for review. Once the judge’s assistant completes his or her review, only then will the matter be passed on to the judge for final review. How long this takes depends upon the work habits of the judge and his or her assistant. As mentioned earlier, it may also depend upon the volume of cases already on the court’s docket,

Once a judge has reviewed an uncontested divorce case, then he or she will sign or issue a final order and decree of divorce. It has been the experience of the Parker Law Firm that most uncontested divorce cases are completed and finalized within 60 days without the necessity of a court hearing. However, some judges will not issue a final order and decree without a hearing.

A party should utilize the assistance of an experienced and knowledgeable Georgia family law attorney to provide representation in the event of divorce. Call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation to discuss any family law issue.

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Residency And Divorce

Wed, 07 Dec 2016 23:03:00 GMT

In order to obtain a divorce in Georgia, at least one of the parties must meet Georgia residency requirements for divorce. Meeting Georgia’s residency requirements is rarely a concern except for those spouses who have recently moved to Georgia or are planning to move in the near future. If residency requirements are not met, the Georgia court does not have jurisdiction to hear the divorce case.

A Georgia Superior Court will only have subject matter jurisdiction if one of the divorcing parties was a “bona fide” resident of Georgia for six months prior to the filing of the divorce action. Otherwise, a Georgia court may not grant a divorce. A nonresident of Georgia may file a petition for divorce in the county of residence of the respondent, against any person who has been a resident of Georgia and of the county in which an action is brought for a period of six months prior to the filing of the petition.

Any person who has been a resident of any United States army post or military reservation within Georgia for one year prior to the filing of a petition may bring an action for divorce in any county adjacent to the United States army post or military reservation. A member of the military may also meet the “bona fide resident” test to meet the residency requirements.

A bona fide resident of Georgia is someone who considers Georgia as their domicile. As used in OCGA § 19–5–2, “resident” means “domiciliary.” Conrad v. Conrad , 278 Ga. 107, 108 (2004) . Domicile simply means actual residence coupled with intent to remain in Georgia. Williams v. Williams , 226 Ga. 734 (1970) . A court determines domicile based upon information such looking at the state where the party:

Because these factors may involve different states rather than one consistent, common one, determining residency based upon domicile may be more difficult than expected. If you are considering filing for a divorce and have questions about residency requirements, call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation to discuss this or any family law issue.

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May A Child Choose A Custodial Parent?

Wed, 30 Nov 2016 23:06:00 GMT

Determining child custody is a difficult heart-wrenching task. If parents can’t agree on the details of a child custody agreement, the court must weigh several factors to determine which parent has primary custody of the children. In a child custody case, how does a child’s preference affect the ultimate decision?

Courts will typically not consider the wishes of children age ten or younger in custody battles. Once they reach the age of eleven (11), Georgia minors gain some input in child custody determinations. In all custody cases in which the child has reached the age of 11 but not 14, a judge must consider the desires and educational needs of the child in determining which parent shall have custody.

The judge has complete discretion in making this determination, and the child’s desires are not controlling. In fact, the judge has broad discretion regarding how the child’s desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard are the ultimate controlling factor. In this case, a judge may grant the selected parent custody for a period of up to six months on a trial basis.

In all custody cases in which the child has reached the age of 14 years, a child has the right to select the custodial parent with which to cohabitate. The child’s selection for purposes of custody is presumptive unless this choice and custody by the parent selected is determined not to be in the best interests of the child. A child’s preference only applies to custody and does not apply to visitation.

Child custody cases are complicated as they involve the evaluation and analysis of several psychological factors. Call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation to discuss this or any family law issue.

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Who’s Suing Me? Debt Sale And Assignment

Wed, 23 Nov 2016 23:14:00 GMT

When debts go unpaid, it is well known that a collection agency may soon enter the picture to collect. Debtors may think that they owe a particular bank for a credit card debt and then one day they are served with a lawsuit attempting to recover payment for the same debt. This moment is often fraught with immediate stress and confusion as they see that the plaintiff of the lawsuit is some company of which they are totally unfamiliar. Who is this mysterious party that is suing me?

Many consumers don’t realize that their unpaid debt is a commodity like any other good, as a debt may not only be assigned to a third-party (like a collection agency) to collect the debt, but it may also be sold outright. In the situation where some collection agent is involved, it is not always clear which entity is the creditor of record at the time of collection.

The Fair Debt Collection Practices Act (“FDCPA”) does not apply to an original lender or its employees or agents as its purpose is to protect debtors from third-party debt collectors. Under the FDCPA, a creditor is the original lender, the person or entity that first extended credit. Keep in mind that a creditor is not exempt from the FDCPA when collecting its own debts if it uses a different name giving the appearance that a third party is attempting to collect the debt. Under the FDCPA , a debt collector is defined as any person who regularly collects debts owed to others. These include collection agencies and attorneys that collect debts for others. Entities and individuals may sell debts to these agencies or simply retain them to act on their behalf to collect debts.

Often, when debts go unpaid, and the statute of limitations on collecting the debt is not close to running, a creditor will simply retain the services of some collection agent to collect the debt. In this case, the collection entity is truly an agent of the creditor who remains the legal obligor of the debt. Debtors may still interact and negotiate with (and pay) the original creditor. If a lawsuit is filed, the original creditor would be the party-in-interest and the plaintiff in the case.

Debts may also be sold or assigned to a third-party. In this instance, they are typically sold for mere cents on the dollar and the third-party, usually a collection agent of course, becomes the owner or legal obligee of the debt. Often, this sale or assignment occurs when the statute of limitations is close to expiring. At this point, debtors may no longer negotiate with and pay the original obligor of the debt. If a lawsuit is filed, the third-party collection agent would be the party-in-interest and the plaintiff in the case.

Debt collectors apply pressure to collect unpaid bills. Upon a consumer missing payment, they will provide a deluge of phone calls and written correspondence. The Fair Debt Collection Practices Act was enacted to protect consumers from unscrupulous debt collection practices, such as other third parties receiving notice about the debt, excessive phone calls, or demands to pay more than the amount of the actual debt. If you have experienced any of these illegal actions, call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation today!

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Dealing With Student Loans, Part 1: Where To Begin?

Wed, 16 Nov 2016 23:20:00 GMT

The Parker Law Firm can help all student loan debtors get a handle on the repayment of their student loan obligation. This is the first part of a blog on dealing with student loans. Today’s article addresses getting organized and formulating a plan to repay them.

School’s over. Now is the time to make it pay off and earn some money. After all, that’s for what all of the hard work was intended. But for many, not only do every day expenses need to be paid, so do student loan obligations. Moving forward, here are some things to think about concerning the repayment of student loans:

If you experiencing problems repaying your student loans, the Parker Law Firm can answer all of your questions going forward as well as help you obtain a deferment or forbearance. Call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation to discuss your student loan(s).

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What Happens If I’m Sued For An Unpaid Debt, Part 1 Defending A Case And The Statute Of Limitations

Thu, 20 Oct 2016 22:45:00 GMT

This is the first part of a series of blogs on what occurs when consumers are sued for unpaid debts. Most lawsuits for the collection of debts are actions based upon breach of contract. Today’s blog will deal with the statute of limitations and some other initial considerations when defending a debt collection lawsuit, especially one based on a contract or other agreement. If debt collectors are suing you, call the Parker Law Firm to defend you and protect your rights.

Ideally, consumers should keep complete and accurate records of the payment of debts, but this isn’t always the case. Many clients complain that prior to being served with a lawsuit, they couldn’t identify the origin of the underlying debt and didn’t recognize the name of a particular entity or account number in correspondence that they received from the plaintiff/collection agency.

Defending a lawsuit always requires consideration of the statute of limitations, which if expired, bars an action for the recovery of the debt. Many debt collectors bring actions beyond the limitations period. If the debt is not for a credit card but an open account the statute of limitations is four years in Georgia. If the debt is not for a credit card but for a written contract, the statute of limitations is six years in Georgia. The statute typically starts to run from the date of default rather than the date of last payment.

In Hill v. American Express , 657 S.E.2d 547, (Ga. Ct. App. 2008), the state’s Court of Appeals held that the six-year statute of limitation for written contracts applied to an action to recover unpaid credit card charges, even when the defendant’s acceptance of the contract consisted of use of the credit card rather than signing a contract or agreement. In Phoenix Recovery Group Inc. v. Mehta , 663 S.E.2d 290, (Ga. Ct. App. 2008), the debtor both accepted the contract by signing the credit card application and used the credit card; the collection of the debt was therefore subject to the six-year limitation period.

Once the debt is identified and it is established that the statute of limitations may not have expired, consumers must determine if any other possible defenses exist such as payment in part or in full, or discharge in bankruptcy. Also, especially for past victims of identity theft, defenses related to fraudulent charges or mistaken identity must be considered. More importantly, counterclaims may exist against the plaintiff/collection agency based upon FDCPA and other state law violations that may have occurred prior to service of the lawsuit. To litigate such counterclaims and otherwise avoid a default judgment, defendants must file an answer to the complaint.

The assistance of an attorney is necessary to protect your rights in this situation from collection agents and their attorneys. If you have been sued in a Georgia court for an unpaid debt, call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation today!

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What Is Separate Maintenance?

Thu, 28 Jul 2016 23:26:00 GMT

Many spouses end up living in a state of marital separation in situations when some type of marital discord arises. In these instances, spouses may wish to separate but not request a divorce for reasons which often include the possibility of reconciliation, religious beliefs, or the retention of some legal benefit like health insurance.

In cases of voluntary separation, Georgia law permits residents to protect their legal rights of support, custody, visitation, and use of marital assets without filing for divorce. A voluntary separation may occur by agreement or when one spouse abandons or drives off the other spouse. Any money or property awarded to a spouse in this scenario is categorized or termed “separate maintenance.” An experienced Georgia family law attorney can help a party establish the necessary and required evidence to establish an award of separate maintenance when appropriate.

When an order for separate maintenance instead of divorce is requested by a spouse, Georgia law, specifically O.C.G.A. § 19-6-8 , states that courts may make an adequate provision for the support and maintenance of the spouse, consistent with the means of the party and the spouse’s former circumstances. Such provision and agreement bars the spouse’s right to permanent alimony. Such orders are appealable on the same terms as those in divorce cases

Spouses may request separate maintenance if they are legally separated, which means they no longer engage in marital relations and consider themselves to be in a state of actual separation. Thus, spouses may still actually continue to cohabitate despite being subject to an order for separate maintenance. A situation when separate maintenance is typically pursued is the circumstance where spouses wish to engage in a trial separation and live apart for a test period to decide whether or not to permanently separate and divorce.

In addition to the reasons mentioned above, other reasons or advantages to filing a separate maintenance action include the lack of a requirement that an applicant be a resident of the state of Georgia for more than 6 months. Also, any separate maintenance agreement may be converted to a settlement agreement if divorce is the ultimate outcome of the marriage.

Separate maintenance actions may be contested and therefore complicated. Spouses wishing to pursue this course of legal action should utilize the assistance of an experienced and knowledgeable Georgia family law attorney. Call 770-246-1331 or e-mail the Parker Law Firm to schedule a consultation to discuss this or any family law issue.

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