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answered on Aug 2, 2016
In Georgia, just because you pay child support does not mean you are the legal father. If you are the legal father through legitimation and you have a visitation order, you may be entitled to notice before the move to another state. Normally, the notice time in a court order is 30-60 days before... View More 
The tenant is breaking the lease early. He has given 30 days, but there is no 30 allowance in the contract. Upon inspection, I've also discovered he has a roommate that was never approved by me, and has pets that were not approved by me. There is a section in the lease that requires... View More
answered on Aug 2, 2016
If there isn't an early termination provision in the lease, you can retain his deposit for moving out before the end of the lease. Once he moves out, if there are any damages to the rental property, you will have to sue him for those damages.
My husband and I have a court ordered visitation schedule. I have sole custody he has visitation. The order states he will have every other year for christmas and thanksgiving. This order was finalized in may 2014. He did not show up for visitation for wither holiday in 2015 and says since he did... View More
answered on Aug 2, 2016
If he just didn't show up (without more), no, you don't have to give him visitation during the holidays. The court gave him odd and you even holidays. If he fails to exercise his rights, he cannot change the order unilaterally.
Damages were there prior to move-in. We were not provided a move-in statement or a move-out statement. We were faced with many other issues at the house (which for a month could be deemed uninhabitable). How do we go about recovering the deposit?
answered on Jul 29, 2016
If the landlord refuses to return the deposit, you can sue in small claims court for the return, triple the wrongfully withheld deposit if the landlord is a large landlord (10 or more units) or a management company managed the rental property for a charge.
In addition, you could sue for a... View More
I owe 700 per month and have paid on the 2nd and 16th of July meeting the monthly sum, do I owe again for the weekend of the 30th even though I have paid $350 twice already?
answered on Jul 27, 2016
Look at the child support order. Does it say you have to pay bi-weekly? If so, then it is likely the fact you receive 26 checks versus 24 checks is already built into the calculation.
answered on Jul 27, 2016
Morally, she should not withhold the child. In most instances, it's not in the best interest of the child. However, legally she can if you have not legitimated the child and obtained a child visitation order.
answered on Jul 27, 2016
No. You must receive notice.
Contact the clerk to determine (1) if the court has your correct address; and (2) if certificates of service or returns of service were filed with your correct address. If the petition to modify child support is served through a sheriff or private process... View More
answered on Jul 26, 2016
If your son is coming to live with you, file for a modification of child support. If you don't file for modification and obtain a new court order, you are still responsible for making payments under the old order.
I do not have a 30 day notice in the lease. Can I hold him liable during the duration of his lease if the property cannot be rented by the time he moves out?
answered on Jul 26, 2016
If there isn't an early termination provision in the lease, you can sue for the remainder of the lease. Just make sure when he turns in the keys he understands that you are taking the keys to secure the house, not as acceptance of his early termination.
I was not married to his mother. The bill was accrued before I got custody.
answered on Jul 26, 2016
Was there a child support order in place when the bills were incurred? If so, the order should dictate who is responsible for the unpaid medical bills. If an order was not in place at the time or the order was silent on the matter, you may have to take her to court to resolve the matter.
After a broken summer agreement to bring the child back to Georgia, the father has refused to return the child and filed for custody in New York. What is the law on the validity of his custody case? Because the child is a legal resident of Georgia, is his case relevant? He committed a felony by... View More
answered on Jul 20, 2016
The mother should get a local NY lawyer immediately to have the case dismissed. If the child has lived in Georgia more than six months prior to the father filing for custody, Georgia should have jurisdiction.
father has never been legitimized but is listed on the birth certificate and has had the child for years while mother of the child is in jail, can he file for support to be legitimized and claim the support?
answered on Jul 20, 2016
The father should do everything at once to protect the child's future. File for legitimation, child custody (seek sole legal and physical custody) , and child support all in one proceeding.
I need to understand my rights and what I should expect. I do make alot more money than I did 14 yrs ago when the order was originally set when we were divorced. I am remarried with 2 young children. My x is filing for more childsupport as my daughter is 16 and wants a car and will be heading to... View More
answered on Jul 20, 2016
You should think about retaining an attorney, especially if she has one.
Also, the court will consider the fact that you have two younger children. It is unlikely that there will be any argument that will allow the custodial parent to increase child support because the child wants a car.... View More
I was with my ex when we had my son. We haven't been together in four months. Now that I don't want a relationship with her, she has decided that I can't see my son. I need to know what exactly I should do to get custody of my little boy.
answered on Jul 19, 2016
You need to legitimate your son if you haven't already and file for visitation or custody. This is filed in the county where your son lives. The Defendant/Respondent is the mother.
answered on Jul 19, 2016
It all depends on your lease and whether you paid rent for the new month. If your lease automatically renews to month to month or longer if nobody terminates the agreement, you have to continue to pay rent in accordance with the lease. If you do not, the landlord can file a dispossessory.... View More
Hes not on child support but im considering to put him on it.My childs father never spends time with her lives one exit away claims hes working all the time.
answered on Jul 16, 2016
You can file a petition for child support without having him obtain visitation. Courts normally don't order visitation time unless the noncustodial parent requests it.
There is a child support agreement from our divorce and it states he gets reasonable and liberal visits, but there is nothing about child support changing while he has children listed in order, but now he says that georgia law says he dont have to pay support while he has kids for the summer, the... View More
answered on Jul 16, 2016
Unless the court relieved him from paying child support in the order, he has to continue to pay. As a result, if he refuses to pay, file a motion for contempt.
answered on Jul 16, 2016
When did the landlord request more money, after you left the premises, or before?
I am reaching out to you in regards to my dilemma in evicting a tenant at my property .
Tenant attempted to pay partial rent for current month, which I refused and sent the payment back. Now he is withholding rent.
Thanks,
answered on Jul 16, 2016
In Georgia, a tenant takes a significant risk by withholding rent. Also, he hurt his case by refusing to buy an a/c and deduct it from the rent.
When you file a dispossessory, he can file a countersuit. At the hearing, the judge may decrease the rent for the month he did not not have... View More
answered on Jul 14, 2016
If he couldn't find you, he would have probably filed in the county where he resides. Check with the Supreme Court in the county where he resides.
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