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Questions Answered by John S LaRose

1 Answer | Asked in Family Law for Georgia on

Q: Im in Atlanta can a person be placed on child support without being in court and if not who can that person talk to

Who can they talk to to get another court date established

John S LaRose answered on Jul 10, 2014

In Georgia the father of any child is obligated by law to support his children, whether or not he has legitimated the children. To modify any child support order, you must file a petition with the court. You should retain a good family law attorney.

1 Answer | Asked in Family Law for Georgia on

Q: Will the father have to pay child support

Father is court ordered to pay child support, now he wants to sign over parental rights after 8 years

John S LaRose answered on Jul 10, 2014

Yes. His obligation to pay child support is separate from any rights he may or may not have.

1 Answer | Asked in Estate Planning for Georgia on

Q: Can a surviving spouse will property even though he/she wasnt on the deed & there was no will from the deceased?

My father passed without a will nor did he list my mother on the deed of their property. Does she have ownership rights and if so can she will or deed the property to the surviving children?

John S LaRose answered on Jun 13, 2014

Probate is necessary to clear title to real property in Georgia, unless all the heirs can go to the court and ask it to issue letters of administration without probate. Letters of administration are what will be needed to transfer title.

In Georgia if a person dies without a will and is...
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1 Answer | Asked in Contracts for Georgia on

Q: Where can I find a GA State Code Breach of Contract?

John S LaRose answered on Jun 13, 2014

See Title 13 of the Georgia Code. Lexis Nexis offers free access online. Do a search for "GA Code" and you will find it.

1 Answer | Asked in Real Estate Law for Indiana on

Q: i lease a home and am trying to buy a home can i get out of my lease

John S LaRose answered on Jun 13, 2014

You can always get out of your lease. The question is: what will it cost you? There is no way to tell without reading the lease.

1 Answer | Asked in Tax Law for Georgia on

Q: What Civil Procedure tells you how to represent yourself in a civil case ?

John S LaRose answered on Jun 8, 2014

The rules of civil procedure are complex. You should retain an attorney to assist you. That said, you can find rules of civil procedure in the Georgia Code, in the rules of the court and in Georgia case law. It also depends upon the court you are in. For example, if you are in Magistrate court,... Read more »

1 Answer | Asked in Immigration Law for Georgia on

Q: Filing N400 soon. Submitted arrest record when applied for green card is same arrest record needed again or not?

When I applied for green card I had arrest record that I sent to immigration. Ever since no new arrest nothing, now I am eligible to file for citizenship do I need to send the same information regarding the same arrest that I have already submitted when I applied for green card or I do not need to... Read more »

John S LaRose answered on Apr 19, 2014

Yes, you need to submit all the documentation required for the N400 application, even if it was previously submitted with a different form and application.

1 Answer | Asked in Immigration Law for Georgia on

Q: My citzen boyfriend did apply for his first foreign wife, now we got engage, he can apply for me, too?

John S LaRose answered on Apr 19, 2014

There is nothing preventing him from doing so. You should contact a good immigration attorney to review the facts of your case and determine your best course of action.

1 Answer | Asked in Immigration Law for Georgia on

Q: My husband refuse to file for me we have a son and he refuse to that we leave the country and he wants to divorce now

I am out of status for almost 2 years because he told me he would file for me. I was on a B2 visa when we got married and it expired few weeks after we got married. He refuse to give the authorization for my son to travel with me so I am stuck here illegal not alb to work what can I do??

John S LaRose answered on Apr 19, 2014

It is impossible to say without more facts. You should consult a good immigration lawyer to review your case and advise you an your best course of action.

1 Answer | Asked in Real Estate Law for Georgia on

Q: I filed an answer to the writ of dispossession, but did not show up to court

What happens?

John S LaRose answered on Apr 19, 2014

You will be evicted.

1 Answer | Asked in Real Estate Law for Georgia on

Q: Is 'Repair and deduct' legal in Brantley County, Georgia (31566)?

John S LaRose answered on Apr 19, 2014

The simple answer is yes, it is the law throughout the State of Georgia, but you must be careful how you do it. If not, you could be evicted for failure to pay rent. You must give notice to your landlord in writing of the needed repair and give her an opportunity to effectuate it herself. If she... Read more »

1 Answer | Asked in Real Estate Law for Georgia on

Q: Previous owned does not move out. What to do?

John S LaRose answered on Apr 19, 2014

It is impossible to answer this question without more facts. That said, assuming the previous owner was the borrower/owner and the lender foreclosed, the previous owner will be considered a tenant at sufferance and can be evicted by the new owner after a proper demand for possession has been served... Read more »

1 Answer | Asked in Real Estate Law for Georgia on

Q: How do i file a release for a lis pendens

John S LaRose answered on Apr 19, 2014

You should contact the clerk of court where the lis pendens is recorded. They should be able to help you.

1 Answer | Asked in Tax Law for Georgia on

Q: So, 48-5-42.1 (Georgia) mean that we do not have to file the return, if value is $7500 or less, or still have to file?

John S LaRose answered on Apr 13, 2014

The code section you cite has nothing to do with the requirement to file a personal income tax return. O.C.G.A. § 5-42.1 refers to ad valorem tax on personal property (other than motor vehicles, trailers and mobile homes). The relevant code section for income tax is O.C.G.A. § 48-7-50, which says... Read more »

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