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Questions Answered by Paula J. Mcgill
1 Answer | Asked in Child Support for Georgia on
Q: How can I find out when child support was filed?
Paula J. Mcgill
Paula J. Mcgill
answered on Feb 20, 2017

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.

1 Answer | Asked in Family Law for Georgia on
Q: My 15yr old daughter refuses to visit. I have been told through ex wife if i try to make her I could be arrested, true?

Been divorced since child was 3. Are not up to date with cs payments. There is no reason for not wanting to visit just "doesn't want to". Exwife said will not force her to. There are other children from new marriages involved. Aged 8 to 4

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 22, 2017

Generally, courts look to the custodial parent to encourage visitation. They also look at the influence the custodial parent has to interfere with visitation. The mother cannot simply withhold visitation because you are behind on child support. At the same time, if you file for contempt for... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a terminate my lease due negligence of security resulting in theft in our complex?

Parts to my truck were stolen outside of my apartment over night and mail has been stolen from our mailbox. There are no security cameras in place and the security has been out of order for a year now.

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 22, 2017

You may be able to sue the apartment complex if you can prove that the company knew of prior break-ins and did nothing to increase security. Also, check your lease to see if you waived any duty the landlord may have to you. If the lawsuit is successful, you would obtain the value of your items... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Does establishing residency in another state mean I can't get my children back?

My children went to live with their father in March, which was discussed between us as temporarily, but when I went to pick them up in December they told me he didn't have to give them back to me. We were never married and there's no court filed custody agreement. The only agreement I... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 22, 2017

Where do you live and where does the father live.

Why did you give them up temporarily?

In Georgia, if he hasn't legitimated them, you have full custody.

If he lives in Georgia, and the police won't assist, you will need to file for their return in court....
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1 Answer | Asked in Employment Law for Georgia on
Q: My employer of over 2 years has suddenly stopped paying me. Even though I've worked full time, what can I do?
Paula J. Mcgill
Paula J. Mcgill
answered on Jan 22, 2017

You didn't provide:

(1) the employer's explanation;

(2) how many pay periods have been unpaid;

(3) whether you have worked overtime;

(4) the number of employees; or

(3) the type of company.

If the company is considered engaging in...
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1 Answer | Asked in Employment Law, Collections and Contracts for Georgia on
Q: I'm a freelancer having trouble getting paid for services rendered.

I am owed $1,650 from a business I did some freelance work for last month. I have a bounced check for $1,500. With the appropriate dates in the memo. I've contacted the business owner and been blown off rudely. What should be my next move?

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 22, 2017

If the owner refuses to pay, sue the business or owner (depending on who you have the agreement).

The lawsuit would include the $1,650 contract and any bounced check fees or other costs you may have incurred as a result.

1 Answer | Asked in Business Law, Consumer Law and Employment Law for Georgia on
Q: I sent a rude text message using profanity to a customer. I apologized. what can I do at this point ?
Paula J. Mcgill
Paula J. Mcgill
answered on Jan 22, 2017

Please provide more information.

If you own the business, you can comp the person.

If you are employed and you are an employee at will, your employer will determine what will happen to you.

However, you have done all you can do at this point by making the apology.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord evict me without written notice even if I pay weekly I have been living here over a year
Paula J. Mcgill
Paula J. Mcgill
answered on Jan 22, 2017

Unless your lease says otherwise, he can give verbal notice that he is not longer renewing your week to week tenancy. If you hold over and do not leave, he can file a dispossessory in court to seek a legal eviction.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can i get out of my lease if there is server water damage and black mold on my ceelings?

2 months have gone by and I have let the landlord know imminently of the constant leaking in the roof and the mold on all the ceilings, I feel it is a huge health hazard in my household and want to know if it is possible to get out of this 1 year lease. One person came and just looked at the damage... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 16, 2017

The first thing is to contact code enforcement regarding the leaking roof.

Also, have a professional mold service test the mold. Not all mold creates a health hazard.

In court, if you don't have an expert, your beliefs about the mold are irrelevant.

Once you have...
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2 Answers | Asked in Landlord - Tenant for Georgia on
Q: Is my landlord allowed to keep my deposit for a month to month lease with no end date and balance owed

I recently moved Nov 30 leaving my tenant a 30 day notice that i was moving because of mold, construction, plumbing and electrical issues not being fixed. In that letter i requested my deposit back. My landlord has not contacted me nor sunt me a letter about my deposit. In my lease it has the... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 16, 2017

You were month to month. Therefore, you were required to give 30 days notice that you were terminating the lease, unless the lease you had required more time. Some leases require the tenant to give 60 days notice.

You stated you moved November 30 giving your landlord a 30 days notice....
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Im a tenant and my landlord called yesterday saying ive got to vacate the premisies in a week we have a yearly lease

but i pay them weekly never late also in the lease it states that i pay 165 a week and i have been paying 200 a week so now im not sure what my rights are or how to handle this situation before my old landlord sold the property the new owner honored the lease. also the landlord is selling to a... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 3, 2017

Look at your lease.

Is there a provision relating to a sale?

Is there an early termination provision?

If so, how much notice is required?

If the landlord wants you out, he may have to wait until the lease termination date.

When does the lease expire?...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: We notified tenant that 12 month lease would not be renewed at end of lease. Can tenant break lease 3 months early?

Lease ends march 30th 2017 and tenant is moving now with 3 months remaining on the lease. Tenant wants us to keep deposit and walk away. Can tenant be held financially liable for remaining months?

Paula J. Mcgill
Paula J. Mcgill
answered on Jan 3, 2017

If there isn't an early termination provision in the lease, the tenant cannot simply stop paying rent and leave.

You have to make it clear that you object to the move and intend to hold him to the full three months plus damages.

Also inform him that accepting the keys is for...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Georgia on
Q: How can i get a divorce without my abusive husband signing the papers

If my husband is abusive with me and has a simple battery charge and an aggravated assault charge and he will not sign the papers how can i get a divorce please help

Paula J. Mcgill
Paula J. Mcgill
answered on Dec 19, 2016

If you cannot afford an attorney, call the county bar association in your county to see if there are local pro bono referrals.

If you don't qualify for a pro bono attorney, there may be county specific divorce forms you can complete so you can start the process. You don't need...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If an upstairs tenant constantly causes leak in downstairs and knows it. And landlord has warned of consequences.

What can downstairs tenant?

Paula J. Mcgill
Paula J. Mcgill
answered on Dec 19, 2016

Tell the landlord that this tenant and the landlord (by not dong anything) are violating your quite enjoyment and causing you damages. You intend to hold both of them liable for any damages, including negligence and breach of the lease. If the matter isn't handled in 10 days, you may have to... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can I get my kids from another state or keep them and not let them go back when they come to Georgia?

I am the biological mother and I had a temporary agreement with their father for him to keep them until I got off of night shift. Once I did and went back for them he will not give them to me and the police will not help me because they say I have no rights in their state since I'm from... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Dec 19, 2016

You didn't state how long the children have been in SC.

You also haven't said if you have gone to SC.

In any event, it will be quite easy if the children have been in SC less than 6 months.

In Georgia, if the parents were not married and the father hasn't...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can former landlord keep my deposit and sue me on top of that for alleged damages?

Apparently they did not put the deposit in an escrow account (code 44-7-31). They said they put the deposit in a "separate account".

They did not give a comprehensive list of initial damages as 44-7-33 requires. They did a comprehensive move-out inspection though. Now they claim... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Nov 8, 2016

Under the law, the security deposit is supposed to be placed in a trust account. If it is not, the security deposit cannot be withheld for damages. The exception would be if the owner did not have a management company and did not have more than 10 rental units. (See OCGA 44-7-36)... View More

1 Answer | Asked in Child Support for Georgia on
Q: I recently got married and my husbands ex is demanding more child support due to us being married can she do that

I have children of my own as well as we have a child together

Paula J. Mcgill
Paula J. Mcgill
answered on Nov 5, 2016

He can asked for anything, but that doesn't mean he will actually get it.

He will probably argue that your expenses have declined as a result of being married.

If you moved into his house or apartment, your expenses have definitely declined.

It is up to the judge to...
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1 Answer | Asked in Environmental and Landlord - Tenant for Georgia on
Q: Can I sue for a constructive eviction and get my rent/deposit back? Would I be awarded damages? Is it a good case?

We rent a home damaged by Hurricane Matthew. Landlord told us it was unsafe to return and attempted to clean up all evidence of flooding. He asked us not to mention to anyone that our car which was parked outside the house had flooded up to the windows. He locked our neighbors out because they... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Nov 5, 2016

Based upon the facts you presented, you should be able to get out of your lease because the location is uninhabitable.

As far as the failure to disclose lead paint and asbestos in the house, that is a serious issue. Your children should be tested for lead in their systems.

Also,...
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1 Answer | Asked in Child Support for Georgia on
Q: My ex- just want to put the child support money in a college account instead of giving me the money, is it legal?
Paula J. Mcgill
Paula J. Mcgill
answered on Oct 14, 2016

Unless the child support order states differently, child support is for the monthly support of the child (food, clothes, shelter). If he refuses to pay you directly, and there is a child support order, file a petition for contempt.

1 Answer | Asked in Landlord - Tenant and Securities Law for Georgia on
Q: By Ga Law am I required to clean carpet and repaint walls in the home I'm renting my security dep is being threatened.
Paula J. Mcgill
Paula J. Mcgill
answered on Oct 12, 2016

If your lease requires you to clean the carpet before you leave, you have to do so. Similarly, if you changed the colors of the walls during your tenancy, the landlord may require you to return them to the original colors. Similarly, if the paint has been damaged beyond the normal wear and tear,... View More

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