Questions Answered by Paula J. Mcgill

Q: If my mother kicked me out should she still be getting child support from my father or should it go to me?

1 Answer | Asked in Family Law for New York on Aug 28, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
She get the child support unless the current order says otherwise (ex. if the child moves out, child support stops) or your father seeks to have it modified and it is in fact modified by the court.

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Q: Do I have to pay for a babysitter if I don't agree with it?

1 Answer | Asked in Child Support for New York on Sep 2, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
If the court orders you to pay for babysitting you have to do so unless the seek modification of the child support order and the court grants your request. If the court hasn't ordered you to pay for babysitting, you have no legal obligation to do so.

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Q: in new York if my ex gets my daughter medicade will I have to pay child support

1 Answer | Asked in Family Law for New York on Sep 4, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
Yes, if he seeks custody through the court, the judge should automatically calculate child support if custody changes.

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Q: Can u be taking off child support by the custodial parent in NYC

1 Answer | Asked in Family Law for New York on Sep 5, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
It is unlikely the judge will permit this because it will harm the children to lose your monetary support. It will be impossible if the likely result is for the taxpayers to pick up the slack through welfare, food stamps, etc.

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Q: How can I get around the 2 year residency for a divorce?

1 Answer | Asked in Divorce for New York on Sep 8, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
You need to contact a local counsel to discuss the grounds for the divorce AND the residency requirement. Two years is a requirement if other circumstances do not exist.

(1) You married in New York and either one of you have been a resident for one year on a continuous basis; or

(2) Both have you have resided in New York as a married couple and either of you have been a resident for one year on a continous basis; or

(3) The cause of the divorce occurred in NY and...

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Q: If my wife decides not to work do I have to still pay the same amount. Since it was based on combined income.

1 Answer | Asked in Family Law for Georgia on Sep 1, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
At this point, if there is a child support order with your monthly obligation, you pay that amount until the court order otherwise. If she seeks to modify child support because she has decided to stop working, you can argue that her calculated income should not change because she voluntarily made herself poor.

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Q: Can paying a predetermined amount of money towards my exes rent constitute child support?

1 Answer | Asked in Family Law for Georgia on Sep 8, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
If there is a child support order, you have to pay in accordance with the child support order.

In other words, if it says you have to pay $500 to her every month, you have to pay it directly to her. Otherwise, you place yourself at risk for contempt. If you still want to pay rent directly to the landlord, you can try to get the order modified. However, it is unlikely the court will consider it child support or allow for this if the total amount you paying for rent equals the amount...

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Q: Rent includes utilities.Can a landlord raise the rent if he decides you use to much utilities?

1 Answer | Asked in Landlord - Tenant for Georgia on Sep 8, 2014

Answered on Sep 9, 2014

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Paula J. Mcgill's answer
Look at your written lease about utitlities and adding additional appliances, among other provisions. If you don't understand your lease, take it to and attorney to read and explain it to you. As far as coming into your apartment for no reason, unless the lease says otherise, you are entitled to what is called quite enjoyment. As a result, under non-emergency, repair circumstances, or other instance set out in your lease, the landlord cannot enter your place.

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Q: Can I ignore all phone calls from my childs father while filing for custody?

1 Answer | Asked in Family Law for District of Columbia on Jul 31, 2014

Answered on Aug 20, 2014

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Paula J. Mcgill's answer
Under normal circumstances, if he is trying to talk with his child, you may not look good in the judge's eyes if you prevent that communication. The judge looks at what is in the best interest of the child. However, your circumstances may not be normal. Talk with local counsel to determine if your strategy will hurt your position and your child more than help your child.

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Q: Can my ex husband cut child support in half when our son is spending time with him for the month in summer?

1 Answer | Asked in Family Law for District of Columbia on Aug 14, 2014

Answered on Aug 20, 2014

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Paula J. Mcgill's answer
I am licensed in DC and Georgia.

In either jurisdiction, unless the order allows your ex to decrease child support during the summer, he must comply with the order. If he fails to pay child support when due, file a petition for contempt.

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Q: I filed for a default if the judge denies it, will there still be a court date? if not what should be done?

1 Answer | Asked in Divorce for Maryland on Aug 14, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
It's up to the judge. He or she can order the person to file an answer, can move forward to schedule a conference with the parties, can issue a scheduling order, or can schedule the matter for a final hearing. The order ruling on your motion should instruct you on what will occur next.

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Q: If i dont have custody can i get in trouble if i dont take my son back to his care givers at this time

2 Answers | Asked in Family Law for Maryland on Aug 14, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
It doesn't matter what your son wants at this point. Follow the court order. It will harm your position, and possibly the transition schedule if you don't follow the schedule.

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Q: How do I get papers saying I have sole custody?

1 Answer | Asked in Family Law for Georgia on Aug 11, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
In Georgia , f he never legitimated the children or obtained joint custody, you have sole custody. You don't need papers. For unmarried couples who have children, the mother has sole legal and physical custody unless the court orders otherwise.

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Q: Can I leave the state with my kid if I have full custody and her dad isn't involved?

1 Answer | Asked in Family Law for Georgia on Aug 14, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
If he hasn't legitimated the child, he is not the legal parent. Therefore, you can leave the state without notifying him first. However, Georgia has jurisdiction of all child custody/visitation issues, including legitimation for six months. So, it doesn't stop him from legitimating the child in Georgia after you leave.

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Q: Do I have to pay child support if my daughter doesnt live w/her dad?

1 Answer | Asked in Child Support for Georgia on Aug 14, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
You have to pay until the court relieves you from doing so. You can file a petition to modify child support because your daughter lives with someone else. If you stop paying support without a court order, you run the risk of having the father file a petition for contempt against you. It will be much faster if the two of you can file in court a consent petition to modify child support. The judge may require the two of you to pay child support to her sister. The court will determine the...

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Q: Me and my boyfriend of 11 years want to get married but he owes back child support will I go to jail if doesn't pay ?

1 Answer | Asked in Family Law for Georgia on Aug 16, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
In short, no. You cannot be held liable if he does not pay child support. Indirectly, of course, you may be held liable. If he doesn't pay child support and winds up in jail, if you don't want your husband to remain there, as his wife, you will pay the support to free him from jail. This is may be true if his license is taken away.

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Q: How can I get my bankruptcy case number

1 Answer | Asked in Bankruptcy for Georgia on Aug 17, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
If you can't get on PACER, and you don't have an attorney, contact the clerk of the court for the particular court where your bankruptcy case was filed. Do an internet search to find the number to the clerk's office.

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Q: Request for Production of documents on a non-party can the non-party require a copy of the signed order?

1 Answer | Asked in Divorce for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
What signed order?

Please provide more information.

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Q: As a non-custodial parent in GA can my child support obligation be reduced if I lose my job and end up earning less?

1 Answer | Asked in Family Law for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
Depending on the circumstances of your job loss, yes. The judge is likely to ask how you loss your job and what lead you to a job that pays less than what you were making now. You should evidence of your termination, including the termination notice you received for unemployment purposes. If you haven't made yourself voluntarily impoverished, it is likely the request will be granted. The more evidence you have that it is a bona fide decrease in salary through no fault of your own, the more...

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Q: My ex had given me a four day notice of move as opposed to 30 day notice in writing in our divorce decree. He is also

1 Answer | Asked in Family Law for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
You need to file a petition to modify child visitation and/or custody. This needs to be done right away. If possible, schedule an appointment to see a lawyer within the next few days to discuss moving forward as soon. If your daughter opposes the move, she can voice her opinion about changing custody to you. However, an experienced family lawyer will be able to discuss all options with you in an office visit.

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