Coleman, Chambers & Rogers, LLP

Can my ex-spouse wipe out alimony obligations by filing for bankruptcy in Georgia?

2026-07-16T03:34:23Z

A bankruptcy filing can reshape almost every financial obligation a person carries. Alimony is one of the few that survives intact. Understanding why, and how the two types of consumer bankruptcy handle support payments differently, matters for any Georgia divorce recipient. If your ex-spouse files for bankruptcy after a Georgia divorce, your court-ordered alimony payments are protected. Federal law specifically shields spousal support from discharge, regardless of which type of bankruptcy is filed.

Why alimony cannot be discharged

Under the U.S. Bankruptcy Code, alimony and child support are classified as Domestic Support Obligations (DSOs). A DSO is a debt owed to a former spouse or child that is established by a divorce decree or court order and is in the nature of alimony, maintenance, or support. DSOs are explicitly categorized as non-dischargeable. While a bankruptcy can eliminate consumer debts like credit card balances and medical bills, the legal obligation to pay court-ordered spousal support survives the proceeding entirely.

How Chapter 7 and Chapter 13 handle alimony differently

The type of bankruptcy filed affects how alimony payments are managed during the proceeding, even though neither eliminates the obligation. In a Chapter 7 liquidation, a trustee collects and sells non-exempt assets to pay creditors. Under federal law DSOs hold first-priority status, meaning alimony claims are paid before general unsecured creditors receive anything from available assets. Once the case closes and other debts are discharged, the paying spouse remains personally liable for any unpaid arrears and all future monthly obligations. In a Chapter 13 reorganization, the debtor proposes a three-to-five-year repayment plan. This must provide for full payment of all past-due alimony arrears over the life of the plan. The debtor must also remain current on ongoing monthly support payments throughout the proceeding. Falling behind on current support obligations during an active Chapter 13 case can result in dismissal of the bankruptcy.

The automatic stay does not block alimony collection

When a bankruptcy is filed, an automatic stay typically halts most collection actions. However, the stay does not apply to actions that establish, modify, or collect domestic support obligations. A recipient spouse retains the right to pursue support through domestic relations channels even while a bankruptcy case is pending. Georgia divorce recipients should be aware that property settlement provisions in a divorce decree are treated differently from support obligations under bankruptcy law. Mischaracterizing support as a property settlement can affect how those payments are treated in a bankruptcy proceeding. A Georgia family law attorney familiar with federal bankruptcy protections can review your divorce decree and advise on how your support rights are classified.

Shifting evidence: how dash cams influence Georgia truck accident lawsuits

2026-06-08T14:04:46Z

In the aftermath of a commercial truck collision, determining liability is rarely straightforward. Because commercial trucks are heavy, these collisions often result in catastrophic injuries and high-value insurance claims. To shield themselves from massive financial exposure, trucking companies and their corporate insurers rely heavily on real-time technology, specifically, multi-angle commercial dashcam systems. For an injured motorist seeking damages, these digital recording systems can be a double-edged sword. While trucking companies install cameras to exonerate their drivers, the unedited footage can often serve as the definitive piece of evidence needed to prove corporate negligence.

The app status trap: tracking the fleet network

Modern commercial fleets operating in Georgia deploy integrated, multi-camera telematics systems that constantly record the environment both inside and outside the tractor-trailer:

Forward-facing lenses: Positioned on the windshield, these record traffic conditions ahead, documenting vehicle speeds, lane departures, and traffic signal compliance.
Driver-facing interior cameras: These capture the commercial driver's behavior inside the cab, serving as critical evidence to prove driver fatigue, mobile phone distraction, or driving without a seatbelt.
Side and rear-view feeds: Mounted on side mirrors and the rear of the trailer, these record blind spots and document the exact sequence of events leading up to the impact.

Because Georgia operates under a modified comparative fault framework, corporate defense teams aggressively use multi-angle feeds to push your fault percentage to 50 percent, which legally bars your recovery.

Securing the footage: Georgia's strict spoliation mandates

The most dangerous pitfall for an injured victim is assuming the carrier will voluntarily preserve incriminating video. Most commercial fleet systems operate on continuous loops, meaning data is automatically overwritten within days or hours unless a critical event is flagged. To halt the destruction of vital video evidence, your legal team must immediately issue a formal Spoliation Letter to the carrier and their insurer.

The preserved duty: Under Georgia case law (reinforced by the Supreme Court of Georgia in Phillips v. Harmon) once a trucking company reasonably should know a crash is likely to result in litigation, they have a strict duty to preserve evidence.
The judicial sanction: If a carrier overwrites or deletes dashcam footage after receiving a notice, Georgia courts can impose severe sanctions, including an adverse inference instruction where the judge directs the jury to presume the destroyed video was unfavorable to the defense.

Invoking the Phillips v. Harmon precedent immediately through a spoliation demand legally freezes the truck's digital telemetry before it can be overwritten. Reviewing the statutory rules for commercial truck accident claims in Georgia is an indispensable first step toward protecting your rights. Partnering with a litigator ensures you invoke these protections immediately, forcing high-resource defendants to comply with state mandates and securing the comprehensive recovery your family deserves.

What is the income shares model for child support?

2026-05-26T13:41:55Z

When parents go through a divorce, they still have to take care of the children. This expense shouldn’t fall solely on one parent, so child support orders are issued. Georgia law sets the standard for doing this. There are several models for determining how much child support must be paid. Georgia uses the income shares model, which is based on the child receiving the same share of the noncustodial parent’s income that they would receive if that parent lived in the home.

How does the income shares model work?

Instead of looking solely at one parent’s earnings, the income shares model considers the income of both parents, typically their gross monthly income. This is based on all sources of income, including salary, wages, bonuses, commissions, self-employment and gig work. Certain deductions from that total, such as support for other children, are removed from the total. After each parent’s income is determined, they’re added together. That figure and the number of children involved are the factors that determine a basic amount of that total income that the parents would spend if they were sharing one household. Next, the court determines the percentage of the total income that belongs to each parent. Then, the child support obligation is divided between the parents based on those percentages. The court can also take the percentage of parenting time each parent has when determining the final child support obligation for each parent. In some cases, the basic child support obligation isn’t all that’s considered. Georgia’s guidelines also consider other specific child-related costs like health insurance premiums and work-related childcare expenses. Ultimately, judges who are setting child support orders have to consider what’s best for the children. They have some leeway to deviate from the guidelines when it’s warranted. Parents who are going through a divorce involving children should discuss their case with someone familiar with child support calculations so they know what to expect and learn what the court will consider in their case.

Exceptions to Georgia’s punitive damages cap

2026-05-20T15:05:31Z

When a person suffers an injury that’s caused by the negligence of another person, they may file a personal injury claim. One part of this is seeking punitive damages, which serve a different purpose than ordinary compensation. Compensation addresses medical bills, lost income, and the long-term effects of an injury. Punitive damages are a way to punish wrongful conduct and to deter future actions. In Georgia, most punitive damages are capped at $250,000, which can limit how a claim is valued regardless of the severity of the injuries. There are some exceptions to that cap that are built into Georgia law. These exceptions occur when there’s likely a conscious decision that leads the person to harm someone else.

Exceptions to the punitive damages cap

One of the primary exceptions to the punitive damages cap is drunk driving crashes. If a driver is under the influence of alcohol or drugs when the wreck occurs, it may be considered a conscious disregard for the safety of others on the roadways. Because of this, the punitive damages assessed in these cases can exceed $250,000. Punitive damages aren’t automatic, so the victim would still have to prove the facts of the case. This could be done using the blood alcohol test, field sobriety test, police report, crash scene details or a related criminal case record. Determining how to do this can be complex, which can be difficult for someone to handle if they’re trying to heal from injuries. Even if a victim is seeking punitive damages, they will still have to prove the actual damages in their personal injury claim, including the cost of medical treatment and other expenses. They’ll also have to show that the injuries they have are the result of the crash and that the injuries led to the financial damages they’re dealing with. Because these cases can be complex, it’s often best for victims to work with someone who can help them to put their case together.

The difference between equitable and equal property division

2026-05-15T14:11:49Z

People often don't know what to expect during divorce proceedings. Laws are unique in every jurisdiction, making it hard to rely on the insight of others who may have divorced in different locations. Many people considering divorce worry about the prospect of the forced division of their property. People imagine losing 50% of everything they own and feel reticent to pursue divorce, even if they are truly unhappy in their current circumstances. Spouses who understand the laws that apply during Georgia divorces can potentially empower themselves to pursue divorce without making major financial concessions.

Is a 50/50 split mandatory in Georgia?

States generally fall into two primary categories. A handful of states have community property statutes. These are the states that may require an even or 50/50 split of property. Most states have adopted equitable division rules. If property division matters go to court in Georgia, judges seek solutions that are fair rather than evenly dividing the marital estate. Judges look at the separate property and income of each spouse. They consider the length of the marriage and the health of the spouses to decide what is just. Georgia is an equitable division state, which means that spouses can count on the courts to employ a more nuanced approach to property division than simply demanding a 50/50 split of each asset or the overall marital estate.

What property is divisible?

The income spouses earn while married is marital income that they may need to share with one another when they divorce. Any assets acquired during marriage or with marital income are typically subject to division. Some property may remain separate, which means that spouses do not have to divide it or account for its value during property division negotiations. The assets spouses owned before getting married are often separate, provided that they avoid commingling. Inherited resources and gifts from third parties may also be separate property for the purposes of asset division in a Georgia divorce. People who understand the law can feel more confident as they establish priorities for property division and begin negotiating with their spouses. Working with an attorney can help people identify marital property and understand the likely impact that equitable division rules might have on their personal holdings.

How does insurance stacking work in Georgia car accident claims?

2026-05-07T12:53:15Z

Many drivers do not realize that Georgia law may allow them to combine coverage from multiple uninsured or underinsured motorist policies to increase the total amount of compensation available for their harm. If you have been involved in a serious car accident in Georgia, you may be wondering if there is enough insurance coverage to fully compensate for your injuries. The practice of “insurance stacking” may help to put your mind at greater ease.

What does this mean, practically?

Uninsured motorist coverage, often called UM coverage, applies when the at-fault driver either has no insurance or does not have enough coverage to pay for the full extent of your damages. In Georgia, UM coverage can sometimes be stacked, meaning that you may be able to add together the policy limits from more than one vehicle or policy. Stacking often applies when an injury victim has multiple vehicles insured under separate policies or when multiple policies exist within their household. For example, if you have two cars, each with UM coverage, you may be able to combine those limits to create a larger pool of available funds. In some situations, you may also be able to access coverage under a policy held by a resident family member, depending on the policy language. However, the ability to stack coverage depends on how any particular policy is written. Georgia recognizes two main types of UM coverage: “added-on” coverage and “reduced-by” coverage. Added-on coverage allows you to recover your UM limits on top of the at-fault driver’s liability coverage, which can significantly increase the total compensation available. Reduced-by coverage, on the other hand, reduces your UM limits by the amount of the at-fault driver’s insurance, which can limit how much stacking ultimately helps. Stacked UM coverage can apply to several types of damages, including medical expenses, lost wages and, in qualifying cases, pain and suffering. Because serious accidents often involve costs that exceed a single policy’s limits, stacking can make a meaningful difference in covering long-term care needs and financial losses.

What to Do If Your Ex Violates a Custody Agreement

2025-12-28T20:27:39Z

A court-ordered custody agreement is a legally binding document designed to protect your child’s best interests and provide clear guidelines for both parents. When an ex-partner fails to follow these terms, it can unsettle your child’s routine and create unnecessary stress. Understanding the right steps to take can help you protect your rights and maintain stability in your child's life.

At Coleman, Chambers & Rogers, LLP, we’re committed to supporting families in Gainesville, GA, through challenging situations like custody violations. If you find yourself facing this issue, here’s how you can respond effectively:

Document Every Violation

Begin by thoroughly documenting every violation. Keep a detailed log of each incident, making note of the date, time, nature of the violation, and how it may have affected your child. Save all relevant communications, such as texts, emails, and voicemails between you and your ex. When possible, collect photos or other evidence to support your account, for instance, if your ex fails to appear for a scheduled exchange. This comprehensive documentation will strengthen your case should you need to take further action.

Communicate Calmly

Next, focus on calm communication. Politely remind your ex-partner about the terms of your custody agreement, clarifying any misunderstandings and expressing your concerns about how the violations are affecting your child. Whenever possible, strive to resolve issues through respectful conversation, written messages, or by using a co-parenting app. Taking a collaborative approach demonstrates good faith and may help settle disagreements before they escalate.

Consider Mediation

If it becomes clear that communication is strained or not yielding results, seeking the help of a neutral third-party mediator can be a productive next step. Mediation provides a structured environment for both parents to discuss concerns, with a mediator guiding the conversation to ensure it remains focused and constructive. This approach often reduces conflict and helps both parties work toward mutually agreeable solutions, potentially resolving disputes before court intervention becomes necessary.

Explore Legal Remedies

If informal efforts are unsuccessful or violations are frequent or severe, the next step is to explore your legal remedies in Georgia. You have the option to file a motion for contempt with the court, asking a judge to enforce the terms of your custody order. The court can order make-up parenting time to compensate for missed visits or may require your ex to cover your attorney’s fees. In situations where violations are ongoing or particularly harmful, you can also request a modification of the existing custody arrangement to better protect your child’s interests.

Consult a Family Law Attorney

Consulting with a family law attorney can make a significant difference in your case. An attorney will clarify your rights, assist you in gathering the documentation needed to support your claims, and represent you in court when necessary.

Dealing with custody violations is never easy, but you are not alone. With proper documentation and strong legal support, you can address these challenges decisively and safeguard your child’s well-being. If your ex is violating your custody agreement or you need advice on your options, reach out to us through our contact form or call us at [nap_phone id="LOCAL-CT-NUMBER-1"] to schedule a consultation.

One bite: Can you hold a pet owner responsible if their dog bites you?

2025-05-12T20:16:34Z

After a dog bite, injured people may wonder whether they can hold the dog’s owner responsible. In Georgia, this comes down to the state’s “one bite” rule. What should injured people know about dog bites in Georgia?

What is the one bite rule?

Under Georgia law, a dog owner can be liable for injuries caused by their dog if they knew or should have known that the dog was dangerous and did not properly manage the dog. The court might consider a dog dangerous if they have bitten someone before or has exhibited aggressive behavior like killing another pet off the owner’s property.

Could dog owners still be liable the first time their dog bites?

While the One-Bite rule forms the baseline for liability, the rule does not automatically absolve owners of responsibility if their dog bites for the first time. For instance, if an owner violates local leash laws or if the bite occurs while the dog is off-leash in a public area, the owner may be liable.

Can you prove that a dog was aggressive?

If a dog attacks you, it is crucial to take steps to protect your rights. In addition to documenting your injuries, reporting the issue and seeking medical attention, you should collect the contact information of any witnesses. They can offer an outside perspective on the dog’s behavior. You should also reach out to a knowledgeable attorney. A skilled lawyer will help gather evidence and advocate for your best interests, ensuring you receive the compensation you deserve.

Bitten by a dog? We can help

Dog bite victims deserve support, and you can take the first steps to holding dog owners responsible with an initial consultation. Contact our firm today through our contact form or call us at [nap_phone id="LOCAL-CT-NUMBER-1"].

How does the division of retirement accounts work in a divorce?

2025-03-03T14:43:44Z

Dividing assets during a divorce involves many complex decisions. Retirement accounts often represent a significant portion of a couple’s assets, making their division a critical part of any settlement. Understanding the process ensures fair outcomes.

Identifying marital vs. separate property

The first step in dividing retirement accounts requires determining which portion of the account qualifies as marital property. Contributions made to a retirement account during the marriage typically qualify as marital property and are subject to division. Contributions made before the marriage or after the separation usually qualify as separate property and remain with the original account holder.

Types of retirement accounts

Different types of retirement accounts need different approaches for division. Common examples include 401(k)s, IRAs, and pensions. Some accounts, like 401(k)s, require a Qualified Domestic Relations Order (QDRO) to divide the account without penalties. For IRAs, a transfer incident to divorce ensures tax-free division.

Factors influencing division

In Georgia, courts evaluate several factors when dividing retirement accounts. Georgia follows the principle of equitable distribution, meaning courts divide marital property fairly but not necessarily equally. Judges consider factors such as the length of the marriage, each spouse’s financial contributions, and their future financial needs. Retirement accounts accumulated during the marriage are typically subject to division, while assets acquired before the marriage usually remain with the original owner.

Protecting your financial future

Properly valuing retirement accounts ensures fair division. Financial experts assess the current and future value of accounts, allowing for accurate allocations. Parties should also review the tax implications of dividing accounts to avoid unexpected liabilities. Navigating the division of retirement accounts involves careful planning and informed decisions. Seek professional guidance to protect your financial future and secure the resources necessary for stability.

Who can be accountable for injuries at public events?

2025-03-03T14:43:53Z

Public events, from festivals and fairs to concerts and sports games, should be enjoyable for attendees. However, accidents can happen, and people may get hurt. Injuries at these events can range from minor cuts to serious harm. In Georgia, several parties could be liable and owe compensation, depending on the circumstances of the injury.

Event organizers and property owners

Event organizers have a duty to ensure the safety of everyone attending. They are responsible for providing adequate security, proper signage, and safe conditions. If an injury occurs because of poor planning or lack of safety measures, the organizers could be liable for damages. For example, if overcrowding leads to a crowd crush or stampede, the event organizers may be at fault. Property owners also have a responsibility to keep their premises safe for visitors. Georgia’s premises liability laws hold property owners accountable for injuries that happen due to unsafe conditions. If a person slips and falls due to a wet floor or trips over uneven ground, the owner of the venue may be liable.

Vendors and security staff

Vendors at public events can also be responsible if their actions lead to someone’s injury. For instance, if a food vendor spills hot liquids and someone gets burned, the vendor could be responsible for the injury. Similarly, if a vendor sets up equipment improperly, causing it to fall and hurt someone, they may be at fault. Security staff are present at many public events to protect attendees. If they fail to control crowds or respond appropriately to a dangerous situation, they could be liable for injuries because of negligence. For example, if a fight breaks out and security doesn’t act in time to prevent further harm, they might be partly accountable. Claimants should be aware that the preceding parties could be separate organizations or people. Therefore, anyone who wants to recover full compensation for an injury at a public event may need to do an extensive investigation to figure out all who are accountable and then bring more than one claim.