Get free answers to your legal questions from lawyers in your area.
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.
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
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
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.
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
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
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.... View More
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... View More
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?
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.
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.
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.
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
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... View More
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
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.... View More
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
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?... View More
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?
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... View More
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
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... View More
What can downstairs tenant?
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
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
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... View More
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
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
I have children of my own as well as we have a child together
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... View More
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
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,... View More
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.