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Questions Answered by P. Justin Thrailkill

3 Answers | Asked in Family Law and Child Custody for Georgia on

Q: How can I let the non- custodial parent get our 16 year old who wants to live with him?

Since he haven't really been in her life he wants to do the right thing by her he lives in Nkrth Dakota and I live in the state of Georgia what legal service would we have to do to get this done.

P. Justin Thrailkill answered on Apr 4, 2019

That depends. If there is a custody order, you will need to modify that so that he can register her for school. If the order was in Georgia, and she is here now, it would be appropriate for him to file here to modify it. If you both agree to terms, this could be uncontested and an attorney could... Read more »

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2 Answers | Asked in Child Support for Georgia on

Q: I have 2 jobs if my support is be met by my 1st job can they take child support out of 2nd job as well?

P. Justin Thrailkill answered on Apr 4, 2019

It sounds like what you are asking is if the Court can "double dip." If the income from the first job satisfies support, and any accompanying arrears, they should clearly not be withholding from another job also. Talk to the child support office about this. If you get nowhere there, contact an... Read more »

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2 Answers | Asked in Child Support for Georgia on

Q: does child support payments stop incurring when I am incarcerated? Why have mine been adding more debt than I owed?

I am incarcerated, got a letter from the Macon Ga office saying about a month ago that my debt was $5000, now as of today it says online that I owe $7896.29?? Why is it going up?? my lawyer at court had me sign a paper so it wouldn't go up as long as I was incarcerated.

P. Justin Thrailkill answered on Apr 4, 2019

If you are not making payments the arrearage will continue to accrue.

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4 Answers | Asked in Family Law and Child Custody for Georgia on

Q: With joint legal custody does the father have to discuss medical as well as our of state travel with me? Temp order.

Temporary order; I'm Purina custodian; he gets a 6 week visit with 2 babies. Joint legal custody. Leaving to sc told me last minute

P. Justin Thrailkill answered on Apr 3, 2019

See my answer to the other question you posted. Refer to the parenting plan. Your parenting plan will address this.

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3 Answers | Asked in Family Law and Child Custody for Georgia on

Q: What are the specifics of joint legal custody in Georgia? We're supposed to discuss and agree correct?

Temp. Order on place. Out of state battle. He had babies for a court ordered 6 week visit. Tells me nothing- told me yesterday that he's taking the babies to south Carolina for 2 days starting today can the do this. With consulting me first ?

P. Justin Thrailkill answered on Apr 3, 2019

Your parenting plan will govern these issues. If you have a temporary order, this should be addressed in a parenting plan. To the extent he is violating any terms of that order, you may need to file a Motion for Contempt to address it. Consult with counsel if you do not already have counsel.

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3 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on

Q: Can a child go with aunt and uncle if one of them is illegal

P. Justin Thrailkill answered on Apr 3, 2019

What do you mean, "go with" an aunt or uncle?

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2 Answers | Asked in Child Custody and Child Support for Georgia on

Q: The mother of my child moved three hours away without my consent and I'm paying child support how do I fight that?

P. Justin Thrailkill answered on Apr 3, 2019

As Ms. Edwards said, you should talk to an attorney about filing for a modification.

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1 Answer | Asked in Child Support for Georgia on

Q: If child support payments have be agreed outside of direct DCS payments. Can DCS collect on the same amount and change

or modify the parenting plan? The court order has bee followed and child support is being paid.

P. Justin Thrailkill answered on Apr 1, 2019

DCSS cannot change or modify the parenting plan. They can file to modify support though. If this happens, contact an attorney.

1 Answer | Asked in Child Support for Georgia on

Q: child support court but have other child and legally financially responsible for a family member with greencard

Will the judge take that into consideration when determining my income

P. Justin Thrailkill answered on Apr 1, 2019

No to most of what you are asking because most of what you mentioned has nothing to do with income and everything to do with expenses. If you have another child support order in place, or guardianship over another child in your household, this may affect your income by reducing it by the amount... Read more »

3 Answers | Asked in Family Law for Georgia on

Q: Prenup to protect income from previous marriage child support obligations -ASUME

We currently live in Georgia. We are planning to get married in Florida. My partners exwife is currently living in Puerto Rico and receives child support thru ASUME. Before we get married we want to do a prenuptial agreement to protect my income from being subjected in the calculation of child... Read more »

P. Justin Thrailkill answered on Mar 13, 2019

You need to consult an attorney in Puerto Rico. In Georgia only the parent's income would matter, and that would be the case regardless of what your prenup says. Consult with an attorney in the state you plan to live to make sure that prenup meets the requirements that state sets forth.... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on

Q: My Ex bullied me into signing over full legal and Physical Custody of my son in 2011- I need that modified

I have Visitation on the Court Order HOWEVER immediately after I signed them he took off with my son and I have been Unable to enforce that visitation as he has moved 13 times and I could not find him. My son is in danger in his custody. He has never been to school, the dentist, vaccinated Etc. His... Read more »

P. Justin Thrailkill answered on Mar 11, 2019

You need to consult with counsel about filing a modification of custody. The moves should be enough to suffice for changed circumstances.

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1 Answer | Asked in Child Custody for Georgia on

Q: I had custody of my son, before a judge decided to grant the mother custody and he also granted my mother visitation.

They then alienated me, and the childs mother signed her rights over to my mother without my knowledge. My mother then took my son and moved to Louisiana. What is the first step I can take to getting my son back?

P. Justin Thrailkill answered on Mar 8, 2019

To be honest it sounds like there is more going on here than what you have been able to describe. You need to sit down with an attorney and unwrap this onion to determine exactly what needs to be done to get your child.

1 Answer | Asked in Child Support for Georgia on

Q: My daughter was removed from my home for being a threat to my other children. State wants child support. What can I do?

Daughter had become physically violent and a threat to the safety of my self and my other 2 children and was removed from my home by defac.

P. Justin Thrailkill answered on Mar 8, 2019

If she is in DFCS care you are going to have to pay child support. You need to speak with someone about representation in the juvenile court case. You are entitled to court appointed representation in a juvenile dependency case if you meet the income requirements.

I've dealt with this...
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2 Answers | Asked in Divorce for Georgia on

Q: I have a group supplemental life with my employer and we divorced in sept 2018. We have minor children. I did not remove

the spousal supp life and he passed away in December. the claim is denied due to divorce and not being stated in divorce decree I could maintain it. However I never saw the terms of the policy it was just something you sign up for at benefits elections and I have maintained it since 2015. Do I have... Read more »

P. Justin Thrailkill answered on Mar 7, 2019

That is a fantastic question. However, I would encourage you to repost it in the insurance law forum, as that is a little bit out of the wheelhouse of most family law attorneys. Good luck getting resolution to this matter.

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2 Answers | Asked in Child Support for Georgia on

Q: How do expenses for a current family impact child support sought by GA for a 10 yr old the father did not know about?

The family is a husband wife and twins with one child being medically fragile lots of expenses, hospital time. Wife unable to work. Husbands compsny only insures employees not family.

P. Justin Thrailkill answered on Mar 5, 2019

The expenses themselves typically have very little to do with an award of support. If you have kids currently, there is some accounting for that in the child support worksheet. You need to speak with an attorney to defend you so that you make sure you get all allowable deviations and credits... Read more »

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2 Answers | Asked in Child Support for Georgia on

Q: What if any responsibility is there to a present spouse of a person facing a support order for a child with another?

An order of support coming for a father who is now married and has children within that marriage. What if any responsibility does the wife have to the child from a previous relationship? What about impact in terms of needs of the children of the marriage and resources designated for them - can that... Read more »

P. Justin Thrailkill answered on Mar 5, 2019

None. You have no responsibility for a spouse's support order. It necessarily affects the household income, but, otherwise, you have no responsibility. As far as other children, he will get a credit in the worksheet for other children he supports. That is determined by statute.

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2 Answers | Asked in Child Custody for Georgia on

Q: I pay child support for 2 children, my oldest 16years old wants to move in with me, will I still have to pay for him?

We have 50-50 custody now, and I pay for my two children, it my oldest who is 16 does not want to live with his mother anymore, do I still have to pay child support for him? Can I just get my child support in half?

P. Justin Thrailkill answered on Mar 4, 2019

You need to consult with counsel about a modification of custody and visitation, as well as a modification of support. Without seeing the numbers, it's hard to say exactly what will happen with support based on the new circumstances. It really depends on incomes and what happens with the other... Read more »

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3 Answers | Asked in Family Law and Child Support for Georgia on

Q: Can I sue my ex for overpayment in CS?

Can you recoup or sue the custodial parent for overpayment in child support if the court never issued a stop order in child support for 2 years past the 18th bday of the child?

P. Justin Thrailkill answered on Feb 28, 2019

Nope. That's all on you. Anything you paid over and above what you were supposed to pay would be considered a gift at this point.

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4 Answers | Asked in Family Law for Georgia on

Q: I'm the non-custodial parent and my child is very disrespectful due to slander from the custodial parent.

What is the process & fees for relinquishing parental rights & can I emancipate the child without having to relinquish rights as the non-custodial parent? How does emancipation & relinquishing work?

P. Justin Thrailkill answered on Feb 28, 2019

You cannot compel a child to be emancipated. The right of action lies in the child. You cannot relinquish your parental rights either. You may have an action for contempt, but you would need to discuss this in further detail with counsel to determine if that is the case.

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3 Answers | Asked in Child Support and Family Law for Georgia on

Q: Do we need to hire an attorney to stop child support for adult children? This is not back pay.

My fiancé was ordered to pay child support through arbitration after a divorce (it was never thru child support services) and per what he reads...the paperwork sayshe is to pay until the1st year in college. I've never heard of this. If both kids are past the first year, how can he get the payments... Read more »

P. Justin Thrailkill answered on Feb 27, 2019

You'll need an order stopping the income deduction order. Consult with counsel to discuss the process and to review the order. That wording does sound unusual, but that doesn't mean it is wrong.

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