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Questions Answered by Paula J. Mcgill
1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Georgia on
Q: How do I counter claim a retaliatory eviction for withholding rent due to recent flood and windows not working leaks in
Paula J. Mcgill
Paula J. Mcgill
answered on May 14, 2019

If the landlord has filed a dispossessory, you file your answer and counterclaim at the same time.

The counterclaim would include any repairs you made, the decreased value of your lease, property loss, personal injuries (if any), mental distress, inconvenience, and for wrongful eviction....
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3 Answers | Asked in Child Custody and Child Support for Georgia on
Q: My ex doesn't want to assist me with sharing custody but wants to file for custody

What about if he tries to get custody of the kids because he doesn't want the child support 2 be remodified or increases

Paula J. Mcgill
Paula J. Mcgill
answered on Jun 12, 2018

If he files, you oppose it. If he is due for an increase in child support, you should schedule a time to discuss this matter in full with an attorney.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord increase the rent during the lease if the lease does not address rent increase at all.

The tenant is living in an apartment paying rent of $400. The landlord's mortgage is $1,600. He needs to raise the rent. The lease term is Aril 4, 2017 - October 4, 2019

Paula J. Mcgill
Paula J. Mcgill
answered on Jun 4, 2018

What does your lease say about when you have to notify the tenant about nonrenewal?

If it's 60 days for example, you have to let the tenant know of the increase on or before the 60 day limit. If the lease does not have a deadline for nonrenewal, you have to let the tenant know of the...
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2 Answers | Asked in Child Support for Georgia on
Q: Yes I’m 45 and have been divorced for almost 3 years. I adopted her two kids and we had one together ages 18,16,5

I have paid my child support every week out of my check. We agreed on $198 a week. My oldest and my middle one do not come see me at all. I only get the youngest one. They know there suppose to but don’t cause there Mom don’t make them. My question is can I do anything about dropping the child... View More

Paula J. Mcgill
Paula J. Mcgill
answered on May 23, 2018

Unfortunately, child support isn't tied to whether the children follow the visitation schedule.

You can file a motion for contempt against her for the middle child. However, at 16, that child has the right to voice his/her choice on visitation/custody. Normally, judges will not...
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2 Answers | Asked in Child Support for Georgia on
Q: I have a child support court date and my 15 yr old son on which the case is concerning wants to go as well. Can he?
Paula J. Mcgill
Paula J. Mcgill
answered on May 22, 2018

Judges will normally not allow children to remain in the courtroom.

However, if he is concerned his wishes may not be considered, he is of the age that he can file an affidavit regarding his choices on child custody/visitation.

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3 Answers | Asked in Child Support and Divorce for Georgia on
Q: If me and my wife are separated but not legally and I pay for the house she lives in can she still get child support

Even tho we are not divorced yet

Paula J. Mcgill
Paula J. Mcgill
answered on May 21, 2018

In Georgia, she can file for "separate maintenance" and obtain child support before filing for a divorce.

The house is a marital property issue, not a child support issue. If you wife works, you may want to require her to pay a portion of the mortgage to you based on your...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If a lease ended and then tenant went mth to mth with no new signed lease, Is the terms of the original lease valid?
Paula J. Mcgill
Paula J. Mcgill
answered on May 21, 2018

Standard leases have a provision that state either if nobody terminates the lease is renewed for another term (usually 12 months) OR the lease goes month to month until either party gives notice of termination. If the second provision is in your lease, the terms of the written lease still apply.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord deduct additional money from deposit if he did an additional walk through without us after we left?

We did 2 walkthroughs with our landlord and he said he would give us one amount back but then he did an additional walk through after we left him and he wants to deduct more money from our deposit. This is after he told us he would give us a certain amount back. We did not sign anything saying we... View More

Paula J. Mcgill
Paula J. Mcgill
answered on May 16, 2018

When did you vacate on the day you did the walk through?

How long after you vacated did he do the last walk through?

The landlord has to do the move out checklist and send it to you no later than three days after you moved out.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: is a lamlord required to provide the tenant with a notice to quite before filing for eviction witht the court?
Paula J. Mcgill
Paula J. Mcgill
answered on May 16, 2018

Yes, a demand to vacate must be made before a dispossessory can be filed.

If the landlord skips over that step, the tenant can use that as a defense in the action.

Two weeks ago, I won in an action because the landlord skipped that important step.

1 Answer | Asked in Child Support for Georgia on
Q: Does a father have to pay child support to the mother if they live with him but she has full custody?

The kids have been living with the father for 2 years and the other still collect child support from him

Paula J. Mcgill
Paula J. Mcgill
answered on May 15, 2018

The father has to pay child support under the order until the order is modified.

He just needs to file a petition to modify child support because the child lives with him.

2 Answers | Asked in Child Support for Georgia on
Q: Regarding a child who graduates high school, can you stop paying child support or do you need a court order to do so?

I am the noncustodial parent, paying child support for 3 children. The oldest is graduating HS. Will I need to have a court order to stop paying on the oldest or can I just stop. If a court order is needed, can I file one myself or is an attorney needed?

Paula J. Mcgill
Paula J. Mcgill
answered on May 15, 2018

If the current order doesn't give an end date and a new child support amount for the remaining two children, you will have to return to court to modify the order.

You don't have to have an attorney. However, you should consider consulting with one in an hour office visit. The...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be locked out my basement with the water heater of the home I’m renting?

I live in a home with a basement that the landlord locks me out of. But the hot water heater is there. Is that legal to keep me locked out of the basement?

Paula J. Mcgill
Paula J. Mcgill
answered on May 15, 2018

Do you rent the entire house?

Does your rent and lease include access to the basement or does it specifically exclude it?

Also, have you called code enforcement in your county or municipality to determine if you are required to have access to the water heater? Each county and...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord charge me another security deposit upon renewing my lease

I am renewing my lease for the third year, the new lease stipulates that I will pay management a security deposit for "this said lease." Is the property management requesting I pay a new security deposit; paid one three years ago upon home in.

Paula J. Mcgill
Paula J. Mcgill
answered on May 14, 2018

Probably not, this is the problem with forms. You should tell your landlord to modify that section to state you already paid the security deposit and it will be applied to this new lease.

I am happy to see that you in fact read your lease. In my experience 95% of people would simply sign...
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1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: Can a collections agencies put a lien on my home for my son's debts, while he is living with me?
Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

Did you guarantee your son's debt?

Have you been sued for that debt and lost in court?

Is your son part owner of the house?

Does the debt relate to repairs or improvements to the house?

If the answers are no, I don't see how legally the lien can be placed on the house.

1 Answer | Asked in Child Support for Georgia on
Q: can the Sate of Ga make you pay child support if you are legally married to the mother
Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

It is possible on two occasions:

(1) there was a support order before the marriage and you never filed the petition to modify; and

(2) the mother or father seeks separate maintenance (legal separation) and the custodial parents is awarded child support.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord come do a walk through with a pending move?

Our landlord gave 48hr notice of a walk-through. We are moving out at the end of our lease but we have not made our own repairs or painted or cleaned the carpets. Our belongings are still being packed up. She said she will come in if we are there or not. Can she legally do this? She wants to enter... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

The walk though is done once the house is vacant. It behooves her to wait. Boxes and furniture may just be hiding damages.

Regardless of when she does the walkthrough, any checklist of damages should note it was done before the move out date.

You can do your own video walkthrough...
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1 Answer | Asked in Child Custody for Georgia on
Q: Wanting my son to come live with me. He is almost 14 and we have never established official custody

His mother and I never married but my son has always lived with her. His mother doesn't want him to live with me. Since there is no custody can i keep him and enroll him in school since that is what my son wants or do I have to file for custody ? Not sure what i or should do

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

You will need to legitimate him and file for custody. Even though you may be the birth father, in Georgia, you need to legitimate the child before you obtain custody.

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: My daughter is 14 and she's now living with me full time. What course of action should I take to make it legit and legal

How does child support work in this case?

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

If you are the father and haven't legitimated her, you may be able to file the legitimation, custody, and child support petition in one action.

1 Answer | Asked in Child Support for Georgia on
Q: In Georgia, do you have to continue paying child support if the child is forced to move out?

What if the daughter ends up moving in with the noncustodial parent?

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

If the daughter moved to the non-custodial parent, that parent must file to modify child support to terminate his payments, and possibly start collecting support.

1 Answer | Asked in Legal Malpractice and Sexual Harassment for Georgia on
Q: If your Boss at your job pinches you and leaves bruises on you and mind abuses.Do you have grounds for a law suit?

Also then you go to his boss and company owner and nothing is done about it .Can the company also have a lawsuit filed on them also.

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

If you complain about the harassment (follow your employee handbook on filing internal complaints) and nothing is done or you are retaliated against, certainly, move forward and file a charge with the EEOC.

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