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Questions Answered by Elizabeth Cruz Noellien
1 Answer | Asked in Family Law for Georgia on
Q: Can my babymomma just leave with my child and not speak to me?
Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

If you are not married or filed to legitimize your child, then she has all the legal rights. You would need to legitimize your child to obtain parental rights.

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Custody for Georgia on
Q: Husband wants divorce, found someone else after 21yrs. Moved out, got own place and we're still married.

We have 2 kids. He made me move to camden county after 19 yrs in Florida, he had me leave everything. Moved here had a kid, he feels tied down and don't like me nagging about his drinking. He's now in a relationship and moved out about 5 months ago. Doesn't want to give me half of... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

You will need to file for divorce so that you can request child support and a request of your assets such as the 401k, and alimony if you qualify to receive it. In addition to child support you should also request help paying for child care. If you are in Georgia, child care is added to the base... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Georgia on
Q: Is the transfer of property after death, without a will, automatic for couple living in separate maintenance?

If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: I have 50/50 custody of my 2 kids, one lives with me & one lives with the mom do i still have to pay child support?
Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 10, 2022

It depends on the income of the parents. If both parents have similar income then an award of support from one parent to the other for each child will cancel itself out. If one parent has significantly more income than the other parent, then the parent with more income can be ordered to pay... Read more »

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