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Questions Answered by Homer P Jordan IV
2 Answers | Asked in Family Law for Georgia on
Q: In a marriage, if the wife has a money gift from her parents, does his husband has the right to claim for it?

Their marriage is lasting 21 years. The husband is the bread earner of the family. The wife works part-time and a stay home mom for three boys. They have a joint account to put husband earning in and withdraw for family spending. The husband always proud and claimed he eared every penny for... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 19, 2020

If she has kept the gift separate it won’t be considered marital assets. That doesn’t, however, mean that he won’t try to do something like stop putting his earnings in their joint account. This kind of comes down to how much you want this monetary gift to impact your marriage. While you... Read more »

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1 Answer | Asked in Family Law and Elder Law for Georgia on
Q: Hello I'm trying to find out what steps to take for a family member who needs someone to help with decisions for them
Homer P Jordan IV
Homer P Jordan IV answered on Oct 14, 2020

Are you wanting to arrange for a power of attorney for the family member? You can work with an attorney to have that established. This depends on the type of power and decisions you are wanting to give the person the power to make.

1 Answer | Asked in Divorce for Georgia on
Q: Where can I find a motion asking the courts to appoint a GAL for my child?
Homer P Jordan IV
Homer P Jordan IV answered on Oct 13, 2020

Duplicate question. If you have a pending case then you will file it there within the court. You may want to consult with an attorney for guidance and to ensure everything is handled correctly. -Homer P. Jordan IV, Esq. 404-620-1558

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Where do I file a motion asking for a GAL to be appointed into a custody case?
Homer P Jordan IV
Homer P Jordan IV answered on Oct 13, 2020

If you have a pending case then you will file it there within the court. You may want to consult with an attorney for guidance and to ensure everything is handled correctly. -Homer P. Jordan IV, Esq. 404-620-1558

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3 Answers | Asked in Divorce for Georgia on
Q: How can I get my car back? I am separated and my husband had my car repossessed. He has since gotten it back but won't

Let me have it. He has it blocked by another car so I can't get it. My son and I are without transportation. I have a TPO on him for domestic violence and I am trying to get divorced. The vehicle is not in my name but it was purchased for me and I have been the only one driving it.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 13, 2020

There are details we would need to know regarding this case in to provide you with guidance, but you can ask the judge to rule that the vehicle goes to you. If you are not working with an attorney it would be wise to do so. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Divorce for Georgia on
Q: the court finds no community property other than personal effect has been accumulated by the parties?

My future ex-wife and myself are doing a online divorce since we have been apart since 2004 and this was on the final divorce paper. I raised all of our children myself with no help from her and all our property was divided back in 2004 so I want to make sure I dont have to divide everything I... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 12, 2020

Are you sure she is going to agree to not trying to obtain anything you have acquired since 2004? Doing an online divorce may not be the best route to take if there are any concerns about her trying to take assets. It’s a good idea to take the papers you have done online and have an attorney at... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: How do you serve a person out of state and you have no address for him but you have the address of a family member?

I am trying to file for divorce, I have his phone number and the address of his mother but he's not allowed around her and no other family members want to get involved

Homer P Jordan IV
Homer P Jordan IV answered on Oct 12, 2020

You can hire a skip tracer who will locate where he is so that he can be served. -Homer P. Jordan IV, Esq. 404-620-1558

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: My ex husband’s parenting time is this weekend and he is declining to have the kids. Is he required to pay for that?

He should have the kids for this weekend. He only has them per our parenting plan two weekends per month. He said he cannot have them this weekend. Does he have to pay me additional child support for these two days that he is refusing? If so, how do I enforce that?

Homer P Jordan IV
Homer P Jordan IV answered on Oct 12, 2020

No, he doesn’t have to pay extra child support for that. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Banking, Estate Planning and Probate for Georgia on
Q: My aunt passed away 4 months ago and her beneficiary was her sister.

At one time she was extremely well off but over the years her health declined and no one knew what she had in accounts or banks. How can we find out if she had any bank accounts or any safe deposit boxes? There is a lot of unanswered questions about where her money and assets went over the years.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 8, 2020

You will want to consult with a probate attorney who can review the case and help you plan the proper course of action to investigate this. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can my fiance get in trouble for leaving with her kid's. When she ain't got rights. Does that cancel out the custody

Ok so my finances parents took custody from her. They're hoslitalized with covid her sister asked her to come stay at their parents house ans keep them because she didn't want to watch them at her house. She has no rights. Her sister is controlling her and telling her ahe can't leave... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 5, 2020

This is a difficult situation, as it sounds like the person who has custody is in the hospital. Did that person give someone else temporary guardianship until they get out of the hospital, or make their wishes known to the other family members? Without knowing the answers to such questions it is... Read more »

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: How to set aside a default judgement for child support?

I was incarcerated in 2002 when the case was brought about and never received any info for a paternity test or a court appearance. A default order was filed and I would like paternity testing to establish the paternity of the child and stop the child support that is being taken from me

Homer P Jordan IV
Homer P Jordan IV answered on Oct 8, 2020

Since 18 years has passed since this case was brought about, it’s not likely to go anywhere. You can speak with the child, who is likely now an adult, to see if they are interested in taking a DNA test to establish paternity. -Homer P. Jordan IV, Esq. 404-620-1558

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2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: I am hiding from my ex & filing for divorce does he have to know where I live? I have threats from him, we have 1 child

he lives in another state and is willing to sign the papers for the divorce. But he doesn't know where we live and the last time we saw each other he tried to fight me in front of our child his mom and my other children. I have threatening text from before changing my numner

Homer P Jordan IV
Homer P Jordan IV answered on Oct 5, 2020

This really depends on the specifics of your situation. If he is sending you threats it sounds like it’s going to be a contested divorce. You should consult with an attorney who can help you with the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558

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3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Live in GA, son 15, smokes marijuana, defiant and wants to come and go as he please.

Can he be legally be put out and will the police come out him out?

Homer P Jordan IV
Homer P Jordan IV answered on Oct 8, 2020

No, at 15 you can’t kick him out of the home. You are responsible for his well being until he is 18. You should look into what options there are that may help him make improvements, such as obtaining a counselor for him. Helping him to turn things around now will benefit him for years to come.... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: can you move out at 17 without your parents cinsent
Homer P Jordan IV
Homer P Jordan IV answered on Oct 5, 2020

No, I’m sorry, but until you are 18 you won’t be able to do that. -Homer P. Jordan IV, Esq. 404-620-1558

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2 Answers | Asked in Family Law for Georgia on
Q: Need help getting permanent Guardianship over my special needs daughter. State filled a petition I still have her

I don't know why been no charges against me having to go to court to fight for her she been with me all her life she is special needs I don't know what to do never been in this situation ever.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 5, 2020

You will need to work with an attorney who can help you with the process and ensure that everything is properly handed. -Homer P. Jordan IV, Esq. 404-620-1558

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

family court as a witness to a case , do they do criminal backround checks or warrant checks on the witnesses?

Homer P Jordan IV
Homer P Jordan IV answered on Oct 5, 2020

No, but I agree with my colleague, if you are asked questions be sure to answer truthfully. -Homer P. Jordan IV, Esq. 404-620-1558

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2 Answers | Asked in Family Law, Child Custody and Civil Rights for Georgia on
Q: being i did a witness affidavit as my friends attorney requested will i still be subponeaed

so i took my friend steve home on break for him to find out his girl friend was not home but there 2 children was left alone which they are not even 5 years old so i am a witness to that happening! so a few days went by and steve told me that his paid attorney needs a affidavit from me other wise... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 5, 2020

I agree with my colleague, you should contact the attorney who issued the subpoena. It is also a good idea to consider having your own attorney. -Homer P. Jordan IV, Esq. 404-620-1558

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3 Answers | Asked in Divorce for Georgia on
Q: Requirements to get alimony and child support.

We got married while living in Tennessee. I was already living there and we married and he moved there. At this point I wasnt working because my doctors took me.out of work so I was applying for disability. He came and got a job and worked the entire time. We have a child that he doesn't help... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 5, 2020

There’s no way to tell you if you would qualify without knowing the details of your case. You should consult with an attorney who can review the facts in detail and provide you with direction. The judge will make a determination about child support and alimony once the details have been reviewed.... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: My ex husband committed suicide on 6-28-2017. Our daughter is his only child does she get his belongings?

My ex husband committed suicide on 6-28-2017. We had only been divorced two months. Our daughter is his only heir she was his only child. The day he died his mom let one of his ex girlfriends move into our family home, before she did his mom removed our safe and all his personal items from the home... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 29, 2020

I’m sorry to hear about him committing suicide. It’s difficult to say without knowing the facts of the case. It would be wise to at least consult with a probate attorney who can review the facts of the case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: If I run away at 17 while In in foster care what will happen if I'm caught and what will happen if I'm not caught

I have a saving to live off of for the time being and I can do online school can they track me down I'm miserable in this foster home its horrible and I plan on leaving I can take care of myself

Homer P Jordan IV
Homer P Jordan IV answered on Sep 29, 2020

You will most likely be reported as a runaway and if you are found you will be brought back to the foster home or to another one. If you are in a bad situation there you should speak with your case worker about it and see if there are other options. -Homer P. Jordan IV, Esq. 404-620-1558

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