Questions Answered by Paula J. Mcgill

Q: My ex doesn't want to assist me with sharing custody but wants to file for custody

3 Answers | Asked in Child Custody and Child Support for Georgia on
Answered on Jun 12, 2018
Paula J. Mcgill's answer
If he files, you oppose it. If he is due for an increase in child support, you should schedule a time to discuss this matter in full with an attorney.
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Q: Can a landlord increase the rent during the lease if the lease does not address rent increase at all.

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Jun 4, 2018
Paula J. Mcgill's answer
What does your lease say about when you have to notify the tenant about nonrenewal?

If it's 60 days for example, you have to let the tenant know of the increase on or before the 60 day limit. If the lease does not have a deadline for nonrenewal, you have to let the tenant know of the increase at least 60 days beforehand.

The state does not have a limit on how much you can raise the rent upon renewal. However, check with the county or municipality. Either entity may impose a...
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Q: Yes I’m 45 and have been divorced for almost 3 years. I adopted her two kids and we had one together ages 18,16,5

2 Answers | Asked in Child Support for Georgia on
Answered on May 23, 2018
Paula J. Mcgill's answer
Unfortunately, child support isn't tied to whether the children follow the visitation schedule.

You can file a motion for contempt against her for the middle child. However, at 16, that child has the right to voice his/her choice on visitation/custody. Normally, judges will not follow the wishes of the child who wants no contact with the parent unless there are allegations of abuse.
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Q: I have a child support court date and my 15 yr old son on which the case is concerning wants to go as well. Can he?

2 Answers | Asked in Child Support for Georgia on
Answered on May 22, 2018
Paula J. Mcgill's answer
Judges will normally not allow children to remain in the courtroom.

However, if he is concerned his wishes may not be considered, he is of the age that he can file an affidavit regarding his choices on child custody/visitation.

Q: If me and my wife are separated but not legally and I pay for the house she lives in can she still get child support

3 Answers | Asked in Child Support and Divorce for Georgia on
Answered on May 21, 2018
Paula J. Mcgill's answer
In Georgia, she can file for "separate maintenance" and obtain child support before filing for a divorce.

The house is a marital property issue, not a child support issue. If you wife works, you may want to require her to pay a portion of the mortgage to you based on your relative incomes.

Also, regardless of the house, you have the obligation to provide support for your children for other things such as food, clothing, school supplies, etc.

I recommend you go to...

Q: If a lease ended and then tenant went mth to mth with no new signed lease, Is the terms of the original lease valid?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on May 21, 2018
Paula J. Mcgill's answer
Standard leases have a provision that state either if nobody terminates the lease is renewed for another term (usually 12 months) OR the lease goes month to month until either party gives notice of termination. If the second provision is in your lease, the terms of the written lease still apply.

Q: Can a landlord deduct additional money from deposit if he did an additional walk through without us after we left?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on May 16, 2018
Paula J. Mcgill's answer
When did you vacate on the day you did the walk through?

How long after you vacated did he do the last walk through?

The landlord has to do the move out checklist and send it to you no later than three days after you moved out.

Q: is a lamlord required to provide the tenant with a notice to quite before filing for eviction witht the court?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on May 16, 2018
Paula J. Mcgill's answer
Yes, a demand to vacate must be made before a dispossessory can be filed.

If the landlord skips over that step, the tenant can use that as a defense in the action.

Two weeks ago, I won in an action because the landlord skipped that important step.

Q: Does a father have to pay child support to the mother if they live with him but she has full custody?

1 Answer | Asked in Child Support for Georgia on
Answered on May 15, 2018
Paula J. Mcgill's answer
The father has to pay child support under the order until the order is modified.

He just needs to file a petition to modify child support because the child lives with him.

Q: Regarding a child who graduates high school, can you stop paying child support or do you need a court order to do so?

2 Answers | Asked in Child Support for Georgia on
Answered on May 15, 2018
Paula J. Mcgill's answer
If the current order doesn't give an end date and a new child support amount for the remaining two children, you will have to return to court to modify the order.

You don't have to have an attorney. However, you should consider consulting with one in an hour office visit. The information obtained during that visit should give you sufficient information to allow you to determine if it is better to hire an attorney or represent yourself.

Q: Can I be locked out my basement with the water heater of the home I’m renting?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on May 15, 2018
Paula J. Mcgill's answer
Do you rent the entire house?

Does your rent and lease include access to the basement or does it specifically exclude it?

Also, have you called code enforcement in your county or municipality to determine if you are required to have access to the water heater? Each county and municipality has its own ordinances.

Q: Can my landlord charge me another security deposit upon renewing my lease

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on May 14, 2018
Paula J. Mcgill's answer
Probably not, this is the problem with forms. You should tell your landlord to modify that section to state you already paid the security deposit and it will be applied to this new lease.

I am happy to see that you in fact read your lease. In my experience 95% of people would simply sign the renewed lease without thinking about that provision.

Q: Can a collections agencies put a lien on my home for my son's debts, while he is living with me?

1 Answer | Asked in Consumer Law and Collections for Georgia on
Answered on Feb 20, 2017
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.

Q: can the Sate of Ga make you pay child support if you are legally married to the mother

1 Answer | Asked in Child Support for Georgia on
Answered on Feb 20, 2017
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.

Q: Can my landlord come do a walk through with a pending move?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 20, 2017
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.

Q: Wanting my son to come live with me. He is almost 14 and we have never established official custody

1 Answer | Asked in Child Custody for Georgia on
Answered on Feb 20, 2017
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.

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
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.

Q: In Georgia, do you have to continue paying child support if the child is forced to move out?

1 Answer | Asked in Child Support for Georgia on
Answered on Feb 20, 2017
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.

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?

1 Answer | Asked in Legal Malpractice and Sexual Harassment for Georgia on
Answered on Feb 20, 2017
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.

Q: How can I find out when child support was filed?

1 Answer | Asked in Child Support for Georgia on
Answered on Feb 20, 2017
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.

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