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Serving Seniors, Families, and Georgia

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Accolades, News, and Recent Decisions

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Accolades

Donald S. Horace is now a registered mediator with the Georgia Office of Dispute Resolution.  Previously, he completed his Guardian ad Litem training with the Atlanta Volunteer Lawyers Foundation.


Also note that we do not participate in any of the internet lawyer rating websites or services, such as but not limited to Avvo, Lawyer.com, or Google.  To the extent that you see negative reviews of Donald S. Horace or this law firm, we do not and we cannot comment or respond to any, even when the review is inaccurate, wrong, or incomplete, due to potential attorney-client privilege, confidentiality, or work product.  The same policy applies when the review is accurate, positive, or glowing.  We ask that you do not grant any credibility to any such internet or website reviews.  Instead, you should rely on personal references in that they are most helpful for potential clients.  


Lastly, due to the Covid-19 pandemic, we are not participating in any workshops at this time.  We are hopeful that in-person workshops will resume in Summer or Fall 2021.  Please note that Henry County and Fayette County are offering workshops via Zoom or online.


Recent Articles and Georgia Case Law

In Angst vs. Augustine, A20A1477, the Parties entered into a Settlement Agreement that addressed alimony payments.  Under the Parties' Settlement Agreement, the Husband agreed to pay the Wife a  specific monthly sum of alimony for ten years, to begin on August 1, 2017 and cease after 120 months of payment.  Another provision in the Settlement Agreement stated that the Parties agreed not to waive all future rights to seek a statutory modification of alimony.    The Georgia Court of Appeals reiterated in its opinion that an alimony obligation is considered lump sum if it states the exact number and the amount of the payments without limitations, conditions or statements of intent.  In contrast, an obligation is considered periodic alimony where the total amount of obligation is contingent and cannot be determined at present.  Only periodic alimony is subject to modification and lump sum alimony is not modifiable.  Also see O.C.G.A. Section 19-6-19.

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Recently, the Georgia Court of Appeals stated that  the Juvenile Courts have exclusive jurisdiction over juvenile matters of dependency and permanent minor guardianship.  The Superior Courts have exclusive jurisdiction to hear custody matters.  A Superior Court may transfer custody matters to Juvenile Court, under O.C.G.A. Section 15-11-15(A), in which case the Juvenile Court has concurrent jurisdiction of the custody matter.  A Juvenile Court does not have authority to award permanent  custody without a transfer order from the Superior Court.  See Kasper et. al. v. Judy Martin, et. al., A20A0244.