Questions Answered by Paula J. Mcgill

Q: If i file for full custody and they can not serve the father the papers what happens

1 Answer | Asked in Family Law for Maryland on
Answered on Oct 13, 2015

Hire a private process server to track him down. If he still cannot be served, hire a lawyer or learn the steps on how to obtain approval to serve him by publication.

Also, if he is under court order to pay child support, but he doesn't pay, file a contempt action against him.

Q: Can I file for divorce citing adultery if I'm the one that committed adultery in order to expedite the divorce?

1 Answer | Asked in Divorce for Maryland on
Answered on Oct 13, 2015

No, otherwise, divorces would be too easy. Of course, if you are truly desperate, give the evidence to your spouse, with the person's name, location, times, witnesses, etc. The spouse can file, and in your answer, you can admit to it.

However, this would seriously harm your case in other aspects, including property division. Check with a local attorney in an office visit to see if there are other grounds for a limited or absolute divorce.

Q: If a landlord goes and starts a eviction process and does not let the me know about do I still have to pay for court

2 Answers | Asked in Landlord - Tenant for Georgia on
Answered on Oct 12, 2015

Were you served personally or served through tack and mail? If so, you have to file an answer within seven days of service and appear in court. If you are not sure, you should with the court to determine if a return of service has been filed.

If you are asking if a landlord has to verbally let you know, the answer is no.

Q: If a landlord gets an eviction notice approved by the court, how long does the tenant generally have to vacate?

3 Answers | Asked in Landlord - Tenant for Georgia on
Answered on Oct 13, 2015

The judge usually tells all parties at the beginning of the calendar call that if you lose you have seven days to vacate before a writ can be issued. Once the writ is issued, the landlord can schedule the marshals to come out at any time. It's safer to move out before the seven days are up. You don't want your personal items thrown out on the lawn or sidewalk for scavengers to pick through.

Q: My ex wife went and modify the child support without my knowledge, the thing Is she had willing lie about my Income.

2 Answers | Asked in Divorce for Georgia on
Answered on Oct 13, 2015

Have you completed the financial affidavit and Georgia Child Support Calculator? If not, you should do so and be prepared for the hearing. Also, if you can afford one, hire a lawyer. If one side had a lawyer, A fairer outcome is more likely when the other side also has a lawyer.

Q: Can an employment lawyer assist me?

2 Answers | Asked in Employment Law for Georgia on
Answered on Oct 13, 2015

I would make a copy of all correspondence and checks, return everything to the person of origin with a cover letter. Send the packet by certified mail, return receipt. If checks and correspondence continue to arrive, contact an employment lawyer.

This simply doesn't sound like the actions of a responsible company. So, you have to protect yourself.

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
Answered on Mar 31, 2015

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.

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
Answered on Mar 31, 2015

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.

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
Answered on Mar 31, 2015

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.

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
Answered on Mar 31, 2015

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...

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
Answered on Mar 31, 2015

If there is not a custody agreement, you can leave the state without his permission.

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
Answered on Mar 31, 2015

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...

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
Answered on Mar 31, 2015

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.

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
Answered on Mar 31, 2015

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.

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
Answered on Mar 31, 2015

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...

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
Answered on Mar 31, 2015

It all depends on the circumstances. Why did you take them off and why do you want to collect child support again?

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

1 Answer | Asked in Consumer Law for Georgia on
Answered on Mar 20, 2015

For initiation of a civil case, the filing fee in federal court is $400.00.

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
Answered on Mar 20, 2015

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.

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
Answered on Mar 20, 2015

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...

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
Answered on Dec 19, 2014

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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