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Questions Answered by Paula J. Mcgill
1 Answer | Asked in Child Support for Georgia on
Q: If I go back with my ex still have to pay child support
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 22, 2014

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.

1 Answer | Asked in Child Custody for Georgia on
Q: my mom has my kids im trying to get back if I leave my boy friend will I still be able to get my kids back
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 21, 2014

It all depends on why your children were taken away from you and given to your mother. If your boyfriend played a big role in the judge's decision, the first step in getting your children back will be to leave your boyfriend.

1 Answer | Asked in Family Law for Georgia on
Q: If i pay child support can i8 have my son in the summer, every other big holiday, all weekends & spring break?
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 21, 2014

Have you legitimated your son? If yes, you can file a petition for visitation.

If you haven't legitimated your son, you can legitimate him and file for visitation in a single peitition.

Otherwise, you are not entitled to visitation, and you are at the mercy of the whims of the mother.

1 Answer | Asked in Child Support for Georgia on
Q: I have heard that a man with more than 10 kids does not have to pay child support. Is this true?
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 21, 2014

No, that isn't true.

1 Answer | Asked in Family Law for Georgia on
Q: Do I have to pay child support to someone that the child does not live with?

The custodial parent on the order is not the true custodial parent.

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 21, 2014

You have to pay support until the court orders you to stop doing so. File a petition to modify child support. Of course, you'll have to have evidence that the child does not live with the custodial parent. Also, if the court determines the child is with someone else, you may be ordered to... View More

1 Answer | Asked in Family Law for Georgia on
Q: I'm filing for divorce. I asked my husband to leave. He said, no so I left. House in my name. How to get my house back?

I did quick claim deed him the house.

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 21, 2014

Is the house in your name or his? You said the house is in your name, but you quit claimed the deed to him. Did you give him a 50% share or a 100% share of the house.?

Regardless, obtain a copy of the quit claim deed and retain an experienced attorney to file for divorce and seek a...
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1 Answer | Asked in Probate for Georgia on
Q: Executor sold all property inside house of deceased; upon receipt of will (later) I was to inherit

All personal property (furniture, clothes, etc...); additionally, I had the option for items to be stored or shipped to my home. The executor of the estate NEVER made me aware of any of this; I found out the day a copy of the will made it to my mailbox.The executor did not keep a detailed list of... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 21, 2014

The issues raised in your question cannot be answered on this site. You should take the will, the order, and other documents filed in the case and take it to local counsel. An experienced attorney will be able to explain the distribution order and the responsibilities of an... View More

1 Answer | Asked in Family Law for Georgia on
Q: in Georgia can the non custodial parent take a child out of state without premission?

I have full custody.

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 21, 2014

Some orders require the noncustodian parent to keep the child in-state during visitation. Check the order to determine if yours contains this limitation. Without that limitation, the noncustodian parent can take the child out of state during visitation.

3 Answers | Asked in Family Law for New York on
Q: If my mother kicked me out should she still be getting child support from my father or should it go to me?
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

She get the child support unless the current order says otherwise (ex. if the child moves out, child support stops) or your father seeks to have it modified and it is in fact modified by the court.

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1 Answer | Asked in Child Support for New York on
Q: Do I have to pay for a babysitter if I don't agree with it?

I work two jobs and can barely keep my head above water. My brother, who has epilepsy, hasn't had a seizure in a year, is certified to watch handicapped clients and hand out meds. He charges me a hundred dollars for the weekend. She doesn't like out do she has a babysit that will cost me... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

If the court orders you to pay for babysitting you have to do so unless the seek modification of the child support order and the court grants your request. If the court hasn't ordered you to pay for babysitting, you have no legal obligation to do so.

1 Answer | Asked in Family Law for New York on
Q: in new York if my ex gets my daughter medicade will I have to pay child support
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

Yes, if he seeks custody through the court, the judge should automatically calculate child support if custody changes.

1 Answer | Asked in Family Law for New York on
Q: Can u be taking off child support by the custodial parent in NYC
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

It is unlikely the judge will permit this because it will harm the children to lose your monetary support. It will be impossible if the likely result is for the taxpayers to pick up the slack through welfare, food stamps, etc.

1 Answer | Asked in Divorce for New York on
Q: How can I get around the 2 year residency for a divorce?

I have lived here for a year and desperately need a divorce. I have been trying for 9 years to get rid of this man in my life.

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

You need to contact a local counsel to discuss the grounds for the divorce AND the residency requirement. Two years is a requirement if other circumstances do not exist.

(1) You married in New York and either one of you have been a resident for one year on a continuous basis; or...
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1 Answer | Asked in Family Law for Georgia on
Q: If my wife decides not to work do I have to still pay the same amount. Since it was based on combined income.
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

At this point, if there is a child support order with your monthly obligation, you pay that amount until the court order otherwise. If she seeks to modify child support because she has decided to stop working, you can argue that her calculated income should not change because she voluntarily made... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can paying a predetermined amount of money towards my exes rent constitute child support?
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

If there is a child support order, you have to pay in accordance with the child support order.

In other words, if it says you have to pay $500 to her every month, you have to pay it directly to her. Otherwise, you place yourself at risk for contempt. If you still want to pay rent...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Rent includes utilities.Can a landlord raise the rent if he decides you use to much utilities?

I bought a mini compact washer and dryer, no special outlets required. My landlord yelled and argued with me about paying extra now that I have them. Im a single female and use these appliances one time a week. He also freely comes into my apt to nose around when im gone.

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 9, 2014

Look at your written lease about utitlities and adding additional appliances, among other provisions. If you don't understand your lease, take it to and attorney to read and explain it to you. As far as coming into your apartment for no reason, unless the lease says otherise, you are... View More

1 Answer | Asked in Family Law for District of Columbia on
Q: Can I ignore all phone calls from my childs father while filing for custody?

I have a court hearing in october but do not want him around until then.

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 20, 2014

Under normal circumstances, if he is trying to talk with his child, you may not look good in the judge's eyes if you prevent that communication. The judge looks at what is in the best interest of the child. However, your circumstances may not be normal. Talk with local counsel to determine... View More

1 Answer | Asked in Family Law for District of Columbia on
Q: Can my ex husband cut child support in half when our son is spending time with him for the month in summer?

State of Georgia divorce decree but live in Washington, DC.

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 20, 2014

I am licensed in DC and Georgia.

In either jurisdiction, unless the order allows your ex to decrease child support during the summer, he must comply with the order. If he fails to pay child support when due, file a petition for contempt.

1 Answer | Asked in Divorce for Maryland on
Q: I filed for a default if the judge denies it, will there still be a court date? if not what should be done?
Paula J. Mcgill
Paula J. Mcgill
answered on Aug 19, 2014

It's up to the judge. He or she can order the person to file an answer, can move forward to schedule a conference with the parties, can issue a scheduling order, or can schedule the matter for a final hearing. The order ruling on your motion should instruct you on what will occur next.

2 Answers | Asked in Family Law for Maryland on
Q: If i dont have custody can i get in trouble if i dont take my son back to his care givers at this time

My son who is 4 years old is in transition to come back to live with me he doent want to leave when he is with me

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 19, 2014

It doesn't matter what your son wants at this point. Follow the court order. It will harm your position, and possibly the transition schedule if you don't follow the schedule.

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