Questions Answered by Paula J. Mcgill

Q: Our landlord refuses to return our full security deposit due to "damages."

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Answered on Jul 29, 2016

If the landlord refuses to return the deposit, you can sue in small claims court for the return, triple the wrongfully withheld deposit if the landlord is a large landlord (10 or more units) or a management company managed the rental property for a charge.

In addition, you could sue for a decreased value of your lease for the time the residence was not repaired or otherwise uninhabitable.
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Q: Do I have to keep paying bi-weekly child support if the monthly sum is met?

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 27, 2016

Look at the child support order. Does it say you have to pay bi-weekly? If so, then it is likely the fact you receive 26 checks versus 24 checks is already built into the calculation.
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Q: Can the mother of my child deny me from seeing son if I pay child support regularly?

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Jul 27, 2016

Morally, she should not withhold the child. In most instances, it's not in the best interest of the child. However, legally she can if you have not legitimated the child and obtained a child visitation order.
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Q: Can child support orders change with out the father knowing? We are not get any notifications about changes.

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 27, 2016

No. You must receive notice.

Contact the clerk to determine (1) if the court has your correct address; and (2) if certificates of service or returns of service were filed with your correct address. If the petition to modify child support is served through a sheriff or private process server, you don't have to served directly. Instead, they just have to serve a person of suitable age and discretion who lives at your residence. The court documents will reveal how these requests to...
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Q: If my son comes live with me do I still have to pay child support how can I stop paying?

1 Answer | Asked in Child Custody and Child Support for Georgia on
Answered on Jul 26, 2016

If your son is coming to live with you, file for a modification of child support. If you don't file for modification and obtain a new court order, you are still responsible for making payments under the old order.
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Q: I have a tenant breaking a lease 4 months early to buy a house. What can the tenant financially be held liable for?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Answered on Jul 26, 2016

If there isn't an early termination provision in the lease, you can sue for the remainder of the lease. Just make sure when he turns in the keys he understands that you are taking the keys to secure the house, not as acceptance of his early termination.
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Q: I recently got custody of my son . I am receiving collection letters from the pediatrician. Is she still responsible?

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 26, 2016

Was there a child support order in place when the bills were incurred? If so, the order should dictate who is responsible for the unpaid medical bills. If an order was not in place at the time or the order was silent on the matter, you may have to take her to court to resolve the matter.
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Q: The child lives in Ga. The father is trying to file for custody in Ny. What are ga laws on where he has to file?

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Jul 20, 2016

The mother should get a local NY lawyer immediately to have the case dismissed. If the child has lived in Georgia more than six months prior to the father filing for custody, Georgia should have jurisdiction.
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Q: Can a father file for Child Support if hes listed on the birth certificate and the child lives in his home?

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 20, 2016

The father should do everything at once to protect the child's future. File for legitimation, child custody (seek sole legal and physical custody) , and child support all in one proceeding.
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Q: my x spouse after 15 yrs of paying child support is req an increase. I do make more $ now and have 2 add children. right

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 20, 2016

You should think about retaining an attorney, especially if she has one.

Also, the court will consider the fact that you have two younger children. It is unlikely that there will be any argument that will allow the custodial parent to increase child support because the child wants a car. A car is a luxury.
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Q: I am a father and I need know what are the steps to get custody of my son? I wasn't married to my ex.

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 19, 2016

You need to legitimate your son if you haven't already and file for visitation or custody. This is filed in the county where your son lives. The Defendant/Respondent is the mother.
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Q: Can a property manager file eviction if your lease has ended? Shouldn't there only be a late fee?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Jul 19, 2016

It all depends on your lease and whether you paid rent for the new month. If your lease automatically renews to month to month or longer if nobody terminates the agreement, you have to continue to pay rent in accordance with the lease. If you do not, the landlord can file a dispossessory.

If the landlord gave you a proper nonrenewal notice and you continue to remain on the premises, a dispossessory can be filed to remove you from the property.
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Q: Can the courts in Ga make childs father spend time with her for example get her every weekend?

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 16, 2016

You can file a petition for child support without having him obtain visitation. Courts normally don't order visitation time unless the noncustodial parent requests it.
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Q: ex has my children for summer visitation,he said he doesnt have to pay child support while they are with him? Yes or no?

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Answered on Jul 16, 2016

Unless the court relieved him from paying child support in the order, he has to continue to pay. As a result, if he refuses to pay, file a motion for contempt.
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Q: Can a Georgia landlord request more money after retaining security deposit for repainting walls?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Jul 16, 2016

When did the landlord request more money, after you left the premises, or before?
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Q: My question is can a tenant in GA unilaterally withhold rent in liu of delay in AC repair?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Jul 16, 2016

In Georgia, a tenant takes a significant risk by withholding rent. Also, he hurt his case by refusing to buy an a/c and deduct it from the rent.

When you file a dispossessory, he can file a countersuit. At the hearing, the judge may decrease the rent for the month he did not not have a/c. The safest thing he could have done was to pay the rent and then sue for the decreased value of the lease. Nevertheless, the court has the descretion to reduce the rent, give you the judgment...
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Q: How can you find out if your husband divorced you without your consent

1 Answer | Asked in Divorce for New York on
Answered on Jul 14, 2016

If he couldn't find you, he would have probably filed in the county where he resides. Check with the Supreme Court in the county where he resides.
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Q: Hi. what should i do if lawyer is not responding to my calls?

1 Answer | Asked in Lemon Law for New York on
Answered on Jul 14, 2016

You can always write him, lay out what happened and advise him, if he cannot explain everything that happened and why he has not returned your calls, you will file a complaint against him with the NY Court. I cannot provide a direct link for you to click. However, I have provided a link you can cut and paste to get the information from the NY Court system.

https://www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml#_How_to_File
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Q: Do I have any rights when it comes to a used car I purchased that turned out to be a lemon?

1 Answer | Asked in Consumer Law and Lemon Law for Maryland on
Answered on Jul 14, 2016

You didn't state the year or mileage on the car.

You should read the Maryland Attorney General website to see if your car comes within the lemon law protection. You can cut an paste the link below. https://www.oag.state.md.us/consumer/lemon.htm

Next, if your car does not fall under the Maryland lemon law, did you get a warranty on the car? If not, it is very unlikely you have any rights.

You drove the car for eight months, and you could have obtained the carfax...
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Q: I am 16 in the state of Georgia and my father served my mother with papers stating he wants custody. do I have a say so?

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 14, 2016

Yes, talk to the parent who you want to stay with about filing an affidavit with his or her petition or response.
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