Questions Answered by Paula J. Mcgill

Q: Does a single, uneployed mother taking care of her one year old son, in the state of Georgia be denied child support?

1 Answer | Asked in Family Law for Georgia on Mar 26, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
Why do you believe you will be denied child support.

In Georgia, there is a formula for child support. Even if the father doesn't work, the court will impute income and order minimal child support.

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Q: How can I get child support started on non custodial parent if don't want to go through childsupport office..

1 Answer | Asked in Family Law for Georgia on Mar 26, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
Yes, you can start child support through the superior court. First, file a petition for child support in the county where the father resides and ask for a temporary hearing on support. Second, the sheriff will attempt service of the petition on the father. Third, the court will schedule the temporary hearing to start the support. Thereafter, a full hearing will be scheduled and the court will issue its final order.

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Q: How can I get my child support to stop coming out of my check? I've never been behind. They graduated in may of 2014.

1 Answer | Asked in Family Law for Georgia on Mar 27, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
File a petition to modify child support. The court will issue an order stopping the deductions.

In the petition, you may want to consider including a request for a refund for the payments she received after June 2014.

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Q: I have been separated from my husband for 4 years, I have 2 children within the marriage that are not his I reside in GA

1 Answer | Asked in Divorce for Georgia on Mar 28, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
You have to make a good faith search to find your husband. You will have to certify with the court the attempts you made to find him. I strongly recommend you consult with local counsel to determine your obligations regarding the search.

Once a good faith search has been made, and you or your attorney certifies your attempts, a judge may grant you permission to serve the complaint by publication. Again, consider consulting with local counsel first. After the consultation, you...

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Q: The father of my children and I are not married. Can I leave the state with the kids ? Without his permission?

1 Answer | Asked in Family Law for Georgia on Mar 28, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
If there is not a custody agreement, you can leave the state without his permission.

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Q: Do I need to file for back child support if the other party went to prison and is out now, but not paying child support?

1 Answer | Asked in Child Support for Georgia on Mar 30, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
Yes, if there is an order that required him to pay until your son reached 18, he is not relieved from paying back child support simply because your son is 18. File a petition for contempt to recover the funds he did not pay you under the order. You should include that time he spent in prison. The payments should not have stopped during that incarceration period unless the court relieved him of paying.

You should consider hiring an attorney in the county where the original order was...

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Q: Is there a way that the parents do not have to deal directly with each other?

1 Answer | Asked in Family Law for Georgia on Mar 30, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
Submitting the vacation time to lawyers or a mediator could get very expensive.

Have you tried e-mail? If not, try that first. Another possiblity is to have a trusted family member communicate with him via e-mail or by phone.

Also, to avoid some problems, you may want a more detailed parenting plan that sets forth times and dates for vacations and holidays. This may decrease the problems.

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Q: What is an hourly rate for a Estate admin/PR? Estate is in Maine. I am in Georgia.

1 Answer | Asked in Estate Planning for Georgia on Mar 30, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
You should post the question as if you live in Maine. Each state and each attorney's rates are unique. Therefore, a Maine attorney would be the proper person to ask.

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Q: My ex-husband picked up my 2 children for a regular visit and now refuses to return them.

1 Answer | Asked in Family Law for Georgia on Mar 30, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
First, hire an attorney. It is so important you do this immediately.

If you cannot afford an attorney, file an emergency petition for contempt and request an immediate return of the children. I assume the order that gave you custody is still the current order.

In cases like this, the police may be available to get involved if you show them the order that gives you custody of the children. This may be your first option. However, many times, the police don't want to get...

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Q: If u take someone off childsupport how long u have you wait to put them back on

1 Answer | Asked in Family Law for Georgia on Mar 30, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
It all depends on the circumstances. Why did you take them off and why do you want to collect child support again?

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Q: how much is the filing fee for federal district court

1 Answer | Asked in Consumer Law for Georgia on Mar 12, 2015

Answered on Mar 20, 2015

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Paula J. Mcgill's answer
For initiation of a civil case, the filing fee in federal court is $400.00.

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Q: What do I have to do to retrive my belongings from a old housemates home

2 Answers | Asked in Civil Rights for Georgia on Mar 13, 2015

Answered on Mar 20, 2015

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Paula J. Mcgill's answer
How long have you been gone? What were the circtumstances of your departure? What have you done so far to retrieveyour belongings?

The easiest thing might be to just send an e-mail and letter by priority mail, which has tracking. The correspondence should request a retrieval date as soon as possible. If your housemate refuses, you may have to sue to obtain your belongings. If they have been destroyed, you will have to sue for the value of those belongings.

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Q: I am a dad ,now i trying to put myself on child support, and see my child. Where do i start ?

2 Answers | Asked in Child Support for Georgia on Mar 16, 2015

Answered on Mar 20, 2015

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Paula J. Mcgill's answer
With or without an attorney, you should file in the county where your child and mother reside. One option that is often used is to legitimate the chld, seek formal custody, and resolve the child support issue in one case. If you hire an attorney, it should be cheaper than doing it separately. For your own self interest, it should be better to have formal visitation and obtain shared legal custody. Legal custody will allow you access to school and medical records without having to go through...

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Q: If I lost my job. How can I avoid an eviction that is in process

1 Answer | Asked in Landlord - Tenant for Georgia on Dec 17, 2014

Answered on Dec 19, 2014

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Paula J. Mcgill's answer
You didn't state if you wanted to move or stay on the property.

If you want to move, you may be able to negotiate a settlement agreement that sets forth the date of the move-out and a payment plan for back rent in return for a dismissal.

If you want to stay, it may be tougher to negotiate a settlement agreement. However, if you pay all that is alleged to be due in the dispossessory notice (including costs) within 7 days of the notice, place the amount paid in the answer,...

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Q: In the state of Georgia what is the radius that the primary parent can move away from the other parent?

1 Answer | Asked in Child Custody for Georgia on Dec 17, 2014

Answered on Dec 19, 2014

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Paula J. Mcgill's answer
First, review the current order to determine if the parent has to provide notice of the move or if there are limitations relating to the move. If there aren't limitiations in the order, the parent can move. However, if the move will interfere with the noncustodial parent's visitation, the parent can file a petition to modify custody to obtain full custody or to change visitation based upon the move.

If you are concerned about a potential or actual move, consult with an experienced...

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Q: I was ordered to pay child support to my mother. I regained custody July 2014, how do I stop the child support order?

1 Answer | Asked in Family Law for Georgia on Dec 19, 2014

Answered on Dec 19, 2014

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Paula J. Mcgill's answer
File a motion to modify the child support order based upon the July 2014 order.

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Q: My sons father pays child support but wants to give up right. Do I cancle the order first do send him a court doc.?

1 Answer | Asked in Family Law for Georgia on Dec 19, 2014

Answered on Dec 19, 2014

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Paula J. Mcgill's answer
It doesn't matter what he wants. What do you want? Child support is for the benefit of the child. You should consult with child support services before you do anything else.

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Q: What would I need to do to get sole custody in Georgia?

1 Answer | Asked in Child Custody for Georgia on Dec 4, 2014

Answered on Dec 4, 2014

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Paula J. Mcgill's answer
If the father is $20,000 behind in child support, you should file a contempt action against him. In that same action, you can also file a petition to modify custody based upon his move out state. This move out of state should be considered a substantial change of circumstances.

You should be able to obtain full physical custody with some visitation to the father, but the court may allow him to retain shared legal custody. Consult with local attorney to determine if it will be worth...

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Q: if we were never served eviction papers can we dispute an eviction?

1 Answer | Asked in Landlord - Tenant for Georgia on Nov 12, 2014

Answered on Dec 4, 2014

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Paula J. Mcgill's answer
Go the magistrate court in your county and see if the landlord actually filed the dispossessory against you. If he has filed, but has not served you personally or through tack and mail, challenge the matter. It may serve you well to consult with an attorney about the matter.

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Q: Ex boyfriend is delinquent on two child support payments. When will I get that money for it?

1 Answer | Asked in Family Law for Georgia on Dec 4, 2014

Answered on Dec 4, 2014

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Paula J. Mcgill's answer
If you don't receive payments through child support services, you should write (e-mail or call) and ask him about the payments. If he refuses to pay or claims he cannot pay, you'll have to file a contempt action. You don't necessarily need an attorney to file the contempt action. However, you may want to retain one if you are uncertain about court procedure.

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