Questions Answered by Paula J. Mcgill
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's answer
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.
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.
Q: can the Sate of Ga make you pay child support if you are legally married to the mother
Paula J. Mcgill's answer
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.
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.
Q: Can my landlord come do a walk through with a pending move?
Paula J. Mcgill's answer
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 once you move out all your items and make repairs. Make sure you also take pictures of corrections to any problem areas she may have noted in the premature walkthrough.
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 once you move out all your items and make repairs. Make sure you also take pictures of corrections to any problem areas she may have noted in the premature walkthrough.
Q: Wanting my son to come live with me. He is almost 14 and we have never established official custody
Paula J. Mcgill's answer
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.
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.
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
1 Answer
| Asked
in
Divorce, Child Custody and Child Support
for
Georgia
on
Answered on Feb 20, 2017
Answered on Feb 20, 2017
Paula J. Mcgill's answer
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.
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.
Q: In Georgia, do you have to continue paying child support if the child is forced to move out?
Paula J. Mcgill's answer
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.
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.
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?
Paula J. Mcgill's answer
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.
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.
Q: How can I find out when child support was filed?
Paula J. Mcgill's answer
What do you mean when child support was filed? Are you the father and want to know when the mother filed an action for child support? If so, you simply have to call the court where the action was filed. If you've been served the petition, look at the court's date stamp.
What do you mean when child support was filed? Are you the father and want to know when the mother filed an action for child support? If so, you simply have to call the court where the action was filed. If you've been served the petition, look at the court's date stamp.
Q: My 15yr old daughter refuses to visit. I have been told through ex wife if i try to make her I could be arrested, true?
Paula J. Mcgill's answer
Generally, courts look to the custodial parent to encourage visitation. They also look at the influence the custodial parent has to interfere with visitation. The mother cannot simply withhold visitation because you are behind on child support. At the same time, if you file for contempt for failing to make the child available for visitation, she can file for contempt for your failure to pay child support.
Generally, courts look to the custodial parent to encourage visitation. They also look at the influence the custodial parent has to interfere with visitation. The mother cannot simply withhold visitation because you are behind on child support. At the same time, if you file for contempt for failing to make the child available for visitation, she can file for contempt for your failure to pay child support.
Q: Can a terminate my lease due negligence of security resulting in theft in our complex?
Paula J. Mcgill's answer
You may be able to sue the apartment complex if you can prove that the company knew of prior break-ins and did nothing to increase security. Also, check your lease to see if you waived any duty the landlord may have to you. If the lawsuit is successful, you would obtain the value of your items taken in the theft and any expenses or damages that resulted.
During settlement negotiations, you may consider having them terminate the lease in return for decreasing the amount you are...
You may be able to sue the apartment complex if you can prove that the company knew of prior break-ins and did nothing to increase security. Also, check your lease to see if you waived any duty the landlord may have to you. If the lawsuit is successful, you would obtain the value of your items taken in the theft and any expenses or damages that resulted.
During settlement negotiations, you may consider having them terminate the lease in return for decreasing the amount you are...
Q: Does establishing residency in another state mean I can't get my children back?
Paula J. Mcgill's answer
Where do you live and where does the father live.
Why did you give them up temporarily?
In Georgia, if he hasn't legitimated them, you have full custody.
If he lives in Georgia, and the police won't assist, you will need to file for their return in court.
Don't wait too long to exercise your rights in court.
Where do you live and where does the father live.
Why did you give them up temporarily?
In Georgia, if he hasn't legitimated them, you have full custody.
If he lives in Georgia, and the police won't assist, you will need to file for their return in court.
Don't wait too long to exercise your rights in court.
Q: My employer of over 2 years has suddenly stopped paying me. Even though I've worked full time, what can I do?
Paula J. Mcgill's answer
You didn't provide:
(1) the employer's explanation;
(2) how many pay periods have been unpaid;
(3) whether you have worked overtime;
(4) the number of employees; or
(3) the type of company.
If the company is considered engaging in interstate commerce and its income exceeds a certain threshold, you may have federal and state claims. If you are paid overtime, there are overtime laws that may have been violated.
The first thing you...
You didn't provide:
(1) the employer's explanation;
(2) how many pay periods have been unpaid;
(3) whether you have worked overtime;
(4) the number of employees; or
(3) the type of company.
If the company is considered engaging in interstate commerce and its income exceeds a certain threshold, you may have federal and state claims. If you are paid overtime, there are overtime laws that may have been violated.
The first thing you...
Q: I'm a freelancer having trouble getting paid for services rendered.
1 Answer
| Asked
in
Employment Law, Collections and Contracts
for
Georgia
on
Answered on Jan 22, 2017
Answered on Jan 22, 2017
Paula J. Mcgill's answer
If the owner refuses to pay, sue the business or owner (depending on who you have the agreement).
The lawsuit would include the $1,650 contract and any bounced check fees or other costs you may have incurred as a result.
If the owner refuses to pay, sue the business or owner (depending on who you have the agreement).
The lawsuit would include the $1,650 contract and any bounced check fees or other costs you may have incurred as a result.
Q: I sent a rude text message using profanity to a customer. I apologized. what can I do at this point ?
1 Answer
| Asked
in
Business Law, Consumer Law and Employment Law
for
Georgia
on
Answered on Jan 22, 2017
Answered on Jan 22, 2017
Paula J. Mcgill's answer
Please provide more information.
If you own the business, you can comp the person.
If you are employed and you are an employee at will, your employer will determine what will happen to you.
However, you have done all you can do at this point by making the apology.
Please provide more information.
If you own the business, you can comp the person.
If you are employed and you are an employee at will, your employer will determine what will happen to you.
However, you have done all you can do at this point by making the apology.
Q: Can my landlord evict me without written notice even if I pay weekly I have been living here over a year
Paula J. Mcgill's answer
Unless your lease says otherwise, he can give verbal notice that he is not longer renewing your week to week tenancy. If you hold over and do not leave, he can file a dispossessory in court to seek a legal eviction.
Unless your lease says otherwise, he can give verbal notice that he is not longer renewing your week to week tenancy. If you hold over and do not leave, he can file a dispossessory in court to seek a legal eviction.
Q: Can i get out of my lease if there is server water damage and black mold on my ceelings?
Paula J. Mcgill's answer
The first thing is to contact code enforcement regarding the leaking roof.
Also, have a professional mold service test the mold. Not all mold creates a health hazard.
In court, if you don't have an expert, your beliefs about the mold are irrelevant.
Once you have code enforcement come in and have the mold tested, you will be in a better position to negotiate a written termination of the lease. It is dangerous to just leave or leave on an oral agreement. Early...
The first thing is to contact code enforcement regarding the leaking roof.
Also, have a professional mold service test the mold. Not all mold creates a health hazard.
In court, if you don't have an expert, your beliefs about the mold are irrelevant.
Once you have code enforcement come in and have the mold tested, you will be in a better position to negotiate a written termination of the lease. It is dangerous to just leave or leave on an oral agreement. Early...
Q: Is my landlord allowed to keep my deposit for a month to month lease with no end date and balance owed
Paula J. Mcgill's answer
You were month to month. Therefore, you were required to give 30 days notice that you were terminating the lease, unless the lease you had required more time. Some leases require the tenant to give 60 days notice.
You stated you moved November 30 giving your landlord a 30 days notice. If you moved November 30th, did you give the 30 days notice at the end of October? If you gave the notice on November 30th when you moved, did you pay for December? If not, the landlord has the...
You were month to month. Therefore, you were required to give 30 days notice that you were terminating the lease, unless the lease you had required more time. Some leases require the tenant to give 60 days notice.
You stated you moved November 30 giving your landlord a 30 days notice. If you moved November 30th, did you give the 30 days notice at the end of October? If you gave the notice on November 30th when you moved, did you pay for December? If not, the landlord has the...
Q: Im a tenant and my landlord called yesterday saying ive got to vacate the premisies in a week we have a yearly lease
Paula J. Mcgill's answer
Look at your lease.
Is there a provision relating to a sale?
Is there an early termination provision?
If so, how much notice is required?
If the landlord wants you out, he may have to wait until the lease termination date.
When does the lease expire?
You may need to take the lease to an attorney's office for a full examination of the contract and a discussion of your rights.
Look at your lease.
Is there a provision relating to a sale?
Is there an early termination provision?
If so, how much notice is required?
If the landlord wants you out, he may have to wait until the lease termination date.
When does the lease expire?
You may need to take the lease to an attorney's office for a full examination of the contract and a discussion of your rights.
Q: We notified tenant that 12 month lease would not be renewed at end of lease. Can tenant break lease 3 months early?
Paula J. Mcgill's answer
If there isn't an early termination provision in the lease, the tenant cannot simply stop paying rent and leave.
You have to make it clear that you object to the move and intend to hold him to the full three months plus damages.
Also inform him that accepting the keys is for the sole purpose of protecting the house and does not mean the lease has terminated. Remind the tenant that the security deposit is for damages first. You don't know if there are damages to the house...
If there isn't an early termination provision in the lease, the tenant cannot simply stop paying rent and leave.
You have to make it clear that you object to the move and intend to hold him to the full three months plus damages.
Also inform him that accepting the keys is for the sole purpose of protecting the house and does not mean the lease has terminated. Remind the tenant that the security deposit is for damages first. You don't know if there are damages to the house...
Q: How can i get a divorce without my abusive husband signing the papers
1 Answer
| Asked
in
Divorce, Domestic Violence and Family Law
for
Georgia
on
Answered on Dec 19, 2016
Answered on Dec 19, 2016
Paula J. Mcgill's answer
If you cannot afford an attorney, call the county bar association in your county to see if there are local pro bono referrals.
If you don't qualify for a pro bono attorney, there may be county specific divorce forms you can complete so you can start the process. You don't need your spouse's approval to obtain a divorce.
If you cannot afford an attorney, call the county bar association in your county to see if there are local pro bono referrals.
If you don't qualify for a pro bono attorney, there may be county specific divorce forms you can complete so you can start the process. You don't need your spouse's approval to obtain a divorce.
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