Questions Answered by Beverly L. Cohen

Q: Do we need to get a lawyer

1 Answer | Asked in Child Custody for Georgia on Jul 26, 2013

Answered on Jul 30, 2013

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Beverly L. Cohen's answer
Your situation sounds complicated. Other issues may be involved that you have not even mentioned. The best advice would be to hire an attorney who can deal with all of the issues presented by the situation.

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Q: What is code 53-12-261

1 Answer | Asked in Other for Georgia on Apr 16, 2013

Answered on Jul 7, 2013

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Beverly L. Cohen's answer
CODE OF GEORGIA

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Chapter 12. REVISED GEORGIA TRUST CODE OF 2010

Article 13. ADMINISTRATION OF TRUST

Part 2. INCORPORATION OF FIDUCIARY POWERS BY REFERENCE

Current through 2013 legislative session

§ 53-12-261. "Fiduciary" Defined; Powers That May Be Incorporated by Reference

(a) As used in this Code section, the term "fiduciary" means the one or more personal representatives of the estate of...

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Q: If there are 3 individuals name on a deed, does one person have a right to accrue legal exp and the others pay for it?

1 Answer | Asked in Other for Georgia on Jun 25, 2013

Answered on Jul 7, 2013

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Beverly L. Cohen's answer
Your question cannot be answered because it makes no sense. Please reword your question and do not abbreviate any of the words.

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Q: What percent does an ex wife receive for alimony

2 Answers | Asked in Divorce for Georgia on Jul 2, 2013

Answered on Jul 7, 2013

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Beverly L. Cohen's answer
There is no specific percent or other guidelines for alimony like there is for child support. Alimony is based upon one party’s needs and the other party’s ability to pay. Other factors for the court to consider are the standard of living, the length of the marriage, the age and physical and mental condition of both parties, the financial resources of each party, the education and earning capacity of each party, and the cause of the separation. Since you were married for 30 years and...

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Q: NCP moved to KY for 5 years did not want to see girls and hardly called now he lives in GA what rights does he have?

1 Answer | Asked in Child Custody for Georgia on Jul 3, 2013

Answered on Jul 7, 2013

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Beverly L. Cohen's answer
A non-custodial parent does not lose parental rights simply because the parent has chosen not to see his or her children for a period of time. A parent continues to have the same rights that were awarded in the last custody order entered by a court.

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Q: Where can I find an order for the judge to sign on contempt of court for visitation?

1 Answer | Asked in Family Law for Georgia on Jul 1, 2013

Answered on Jul 2, 2013

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Beverly L. Cohen's answer
Sometimes courts have preprinted petitions for certain types of actions that are fairly standard but courts do not provide preprinted orders. Orders for contempt are not standard because the orders must be prepared in compliance with what the judge ordered. Sometimes judges prepare orders for pro se litigants which is what I assume you are. If the judge does not prepare the order, you will need to either prepare the order yourself or find an attorney to prepare it for you.

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Q: Can my husband get custody of our child if he beat on me in front of my kids and went to jail?

1 Answer | Asked in Child Custody for Georgia on Jun 29, 2013

Answered on Jul 2, 2013

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Beverly L. Cohen's answer
With regard to which parent is awarded custody, a judge has a lot of discretion. In awarding custody, a judge must consider what is in the best interest of the minor children. Although there is no law in Georgia that prevents a judge from awarding custody to a parent who has committed acts of domestic violence against the other parent in the presence of the children, a judge would be hard pressed to consider awarding custody to an abuser. At the same time, acts of domestic violence is only...

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Q: Do I have to get permission from the non-custodial parent to move out of the State of Georgia?

1 Answer | Asked in Child Custody for Georgia on May 1, 2013

Answered on Jun 25, 2013

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Beverly L. Cohen's answer
In Georgia, you do not need permission from the non-custodial parent to move out of state. However, you do have to give the non-custodial parent notice of your intention to move at least 30 days prior to the move as well as the new address where the child will be living and the new telephone number where the child can be reached. Although not required, it is also a good idea to work out a new schedule for visitation prior to the move.

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Q: Can a judge take away child support & alimony if the receiver was held in contempt for accessing a marital asset?

1 Answer | Asked in Child Support for Georgia on Jun 21, 2013

Answered on Jun 25, 2013

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Beverly L. Cohen's answer
The answer to your question is somewhat complicated and may not be exactly what you believe it to be. Only under the right set of circumstances would the judge have had the right to do what he or she did.

If the only reason you were in court was because your husband had filed a contempt action, the judge did not have authority to modify the temporary order. If you were in court pursuant to both a contempt action and a motion to modify alimony and child support, then the judge would...

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Q: My ex has a no contact order and he keeps violating it but I have spoken back can I get in trouble as well. Georgia.

1 Answer | Asked in Domestic Violence for Georgia on Apr 22, 2013

Answered on Jun 21, 2013

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Beverly L. Cohen's answer
If the order is against your ex, he is the only person who can violate the order. You cannot violate the order because it does not prevent you from contacting him.

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Q: Does child support modification apply to social security benefits for respondent child?

1 Answer | Asked in Child Support for Georgia on Jun 18, 2013

Answered on Jun 21, 2013

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Beverly L. Cohen's answer
You did not provide enough information to answer the question. You need to state who is receiving social security benefits and why.

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Q: Whats the legal age brother and sister need to have their own room?

1 Answer | Asked in Family Law for Georgia on May 20, 2013

Answered on Jun 21, 2013

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Beverly L. Cohen's answer
Georgia does not have any law that states when a child needs to have his or her own room.

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Q: I have joint legal custody of my son in ga. But primary physical. His dad lives in fla and is trying to keep him...

1 Answer | Asked in Family Law for Georgia on Jun 14, 2013

Answered on Jun 21, 2013

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Beverly L. Cohen's answer
The answer to your question is far more complicated than what can be addressed here. If you have primary physical custody, your child’s father cannot legally keep him from you past his normal visitation time. However, in order to get your child back, you may need to file a legal proceeding where your child is which will necessarily involve a hearing. My advice is to consult with an attorney in the state where your child is being illegally detained.

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Q: My brother is 18 and is still in high school and is being claimed as a dependent by our father. can he legally move out?

1 Answer | Asked in Family Law for Georgia on Jun 19, 2013

Answered on Jun 21, 2013

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Beverly L. Cohen's answer
It’s not a question of whether he can legally move out but where he will live and who will support him if he does. If his mother is in the picture, then he could certainly go to live with her. She would also have the right to child support for his final year of high school. Whatever happens, he needs to remain in school until he graduates.

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Q: My ex husband constintley sends me innappropriate messages. Is there anything that can be done about that?

1 Answer | Asked in Family Law for Georgia on Jun 20, 2013

Answered on Jun 21, 2013

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Beverly L. Cohen's answer
You have not defined what you consider to be inappropriate messages or how he sends them. If the messages are sent electronically by email or text, then there should be some way to block the messages. If they are sent by email, there is no law that says you have to open any emails from him. You may also want to find a way to print out the inappropriate messages in case they accidently get deleted from your phone or computer.

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Q: How I do get an order waiver from for my divorce?

1 Answer | Asked in Divorce for Georgia on May 27, 2013

Answered on Jun 21, 2013

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Beverly L. Cohen's answer
You need to explain exactly what you are talking about. I do not know of any document called an order waiver.

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Q: Can I change some of the terms in the divorce paper after i've already signed them?

1 Answer | Asked in Divorce for Georgia on May 12, 2013

Answered on May 13, 2013

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Beverly L. Cohen's answer
Generally, no, but it may also depend on what terms you want to change. Certain terms and provisions can be changed by filing a modification action. Provisions for Alimony, child support, custody, and visitation can be modified if certain requirements are met. The terms and provisions related to the division of property cannot be modified.

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Q: My kids mother has cancelled child support more than 3 times and is now threating to turn it back. how can I stop this?

1 Answer | Asked in Divorce for Georgia on May 3, 2013

Answered on May 13, 2013

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Beverly L. Cohen's answer
I do not understand the question. Can you explain how the mother has cancelled child support and what you mean by threatening to turn it back?

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Q: Ex filed mod for CS w/12 mnths left. orignal order for 700/mnth for 2 kids. 1 in college 1 in HS. chance of reduct?(GA)

1 Answer | Asked in Family Law for Georgia on Apr 24, 2013

Answered on May 3, 2013

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Beverly L. Cohen's answer
Unfortunately, you have not asked a legal question that can be answered here. Modification of child support is based upon a change in the income and/or financial status of either parent since the previous order for child support. The modification must also be in the best interest of the child. Even if you can prove an increase or decrease in income and/or financial status, the judge still has discretion as to whether or not to modify the child support. The judge also has discretion to award...

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