Questions Answered by Paula J. Mcgill

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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Q: I raised my daughter for six years,she went to visit her mom, and her mom hasent let me see her since, shes 8 now...

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

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
If the mother has lived in that state for at least six months, that state has jurisdiction to hear any custody/visitation dispute. Find an experienced family law attorney who practices in the county where your daughter lives.

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Q: Can they take support from a second job

1 Answer | Asked in Child Support for Georgia on Oct 7, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
Support is based on the gross income of the parents. So, your income from your second job will be considered.

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Q: I take care of my daughter but her mom still threatens to put me on child support what can I do?

1 Answer | Asked in Child Support for Georgia on Oct 6, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
If she wants to put you on child support, she can do so.

Child support is based on the needs of the child and the relative income of the parents.

Check the Georgia Child Support calculator. You may be paying signficiantly less than what the calculator states you should be paying. In the meantime, may sure you pay her by check or money order to show you have been supporting your child.

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Q: My child's mother has custody, but she wants him to move in with me. Do I need to keep paying child support after he mov

1 Answer | Asked in Family Law for Georgia on Oct 8, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
You have to pay child support until the court issues an order telling you otherwise. Of course, she can always return it to you after you pay it.

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Q: My husband is in jail and I want a divorce. what steps do I take.

1 Answer | Asked in Divorce for Georgia on Oct 9, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
More information is needed. Although he is in jail, you still have to have grounds for divorce. The first step should be to consult with a lawyer, especially if you have minor children, marital assets, and/or marital liabilities. An initial consultation does not obligate you to retain an attorney. However, it's a good first step.

Yes, if you don't have grounds for the divorce, he can fight you. However, nowadays, objections to a divorce are rarely successful. In my experience,...

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Q: My Child Support is $1200 for my two children ages 17 and 14. Will it drop to $600 when I no longer pay for the oldest?

1 Answer | Asked in Family Law for Georgia on Oct 10, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
More likely than not, no. Go to the Georgia child support calculator to determine the amount for one child. Any disputes may have to be decided by the Court. So, to save money, it may be better to agree to an amount based on the child support calculator and file for a consent order.

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Q: can you file a motion to stop an order for child custody, georgia

1 Answer | Asked in Family Law for Georgia on Oct 12, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
Get another attorney immediately. You can file a motion for reconsideration or file an appeal. There are time limits for both., so be careful However, next time, be careful of the attorney you choose to represent you. Interview several lawyers before selecting one.

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Q: How can we get custody of mygrandson?? He was living with one of my daughters until his mother moved and went to jail

1 Answer | Asked in Family Law for Georgia on Oct 12, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
It may be easier to obtain permanent legal guardianship.

Check with the probate court of the county where your grandson lived with the your daughter. Your daughter can sign the forms to permit you ot obtain guardianship.

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Q: after a lawyer is used by me how long is the time that a lawyer can take another client and be against me

1 Answer | Asked in Legal Malpractice for Maryland on Sep 16, 2014

Answered on Sep 22, 2014

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Paula J. Mcgill's answer
There isn't a set time. If you believe the attorney has violated ethical rules, contact the Maryland Appeals Court and file a complaint. They will do an investigation in the matter to determine if the lawyer did anything wrong ethically.

http://www.courts.state.md.us/attygrievance/complaint.html

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Q: If I go back with my ex still have to pay child support

1 Answer | Asked in Child Support for Georgia on Sep 16, 2014

Answered on Sep 22, 2014

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Paula J. Mcgill's answer
You have to pay child support until the court orders you to stop. For your protection, once you get back with your ex, file a petition to modify child support.

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