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Questions Answered by Alake Colwell Furlow
1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Termination of Child Support Order

If I voluntary put myself on child support and haven't spoken nor seen my child over five years plus contact the other parent every week to speak to our child and she/he doesn't answer and just want to just collect child support payments without having to co-parenting; Am I able to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 23, 2025

No once a child support order is signed by a judge only the judge can dismiss the order. And there’s no law that allows you to dismiss your child support order because you don’t have visitation. If you want visitation then you petition the court to legitimize you and ask for the visitation... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Is There a Case Law / Law's in Georgia were Father was granted Primary Physical Custody in a none married couple case?

Is There a Case Law / Law's in Georgia were Father was granted Primary Physical Custody in a none married couple case? Child live with both parents from birth, mother moved out the home1st time, child continue to live with father, mother moved a 2nd time to another county, again child continue... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 23, 2025

This is up to a judge, should the father take the mother to court and sue for primary physical custody. The judge looks at several factors to determine what is in the best interest of the child. There is a chance the father could obtain primary physical custody. But no attorney can tell you for... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Collections for Georgia on
Q: My ex-husband's attorney has had my wages garnished to pay his attorney's fees. It is more than I can afford.

They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

In order for there to be a garnishment there must be an order that was entered against you requiring you to pay those fees. Once there is an order for you to pay, there are post-judgment collections that the party who is owed money can exercise and garnishment of wages and bank accounts fall under... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: We have two pieces of property, one in my name and one in me and my husbands name. I'm trying to get away from him.

I don't want him trying to move in with me or coming down there to harass me and my son. I don't want him coming into the house or coming down to the house to harass me constantly. The properties were attained after marriage.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

The only way you can keep someone away from property that the court may consider to be marital property is if the court gives you an order giving you exclusive use and possession of the home or if you obtain a restraining order. And the only way for you to get that order giving you possession of... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I recently got divorced and won sole custody and sole placement.. can I apply for child support and win?

There's a permanent restraining order in place that will be lifted December 2025 the other parent lives in a different state.. it is disability benefits but our bills are more than and I am unable to work the father is a barber in a different state who lies and act like he's unemployed... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 6, 2025

I'm unsure why child support was not adjudicated in your divorce as the divorce should have included child custody, child support and visitation. But you can always apply for child support as long as the child meets the requirements for support. And if you have someone whose income may be... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How to handle visitation when father is not legitimized?

H

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 6, 2025

The parties can decide their own visitation outside of the courts. But if the father is unable to come to an agreement with the mother on visitation without court intervention, he will have to file an action to legitimize and he can then seek some form of custody & visitation. Child support... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can I take my kids out of state to get away from my abusive husband?

If we go somewhere he can't find us can we establish residence away from him?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

If neither of you have filed for divorce and no standing order has gone into effect prohibiting either parent from removing the children from the court's jurisdiction, then technically either parent is able to travel with the children. However, if you remove the children and hide them from... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Is not wanting to divorce your spouse a reason for a contestant divorce?

My ex and I have been apart for fourteen years. We just haven’t divorced yet. I have the paperwork to file for divorce myself as a non-contestant divorce with no minor children. The problem is that I can’t get him to meet me and sign them to get them notarized. I didn’t want to pay thousands... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

Nothing. If someone refuses to sign the proper documents then you cannot file an uncontested divorce. You then have a contested divorce. You cannot force your spouse to sign papers they refuse to sign. So you would then file the proper pleadings, and have your spouse legally served. Your... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: If you conceived the child then got married does the father have rights in ga

Also the baby was born and they still wasn’t married the kid was two before they married but the father is in prison for child molestation but not for the kid but because of a 13 yr old girl boss he have or when he gets out would he have any kinda rights to the kid

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

When you later married the father the child was then legitimized. You can file for divorce and ask for sole legal and physical custody. It would be up to the father to ask for any form of custody or visitation, as you would have to have the father properly served. But the child is legitimized... View More

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2 Answers | Asked in Child Custody for Georgia on
Q: I have a GA custody order( I live in GA-ATL). Kids live in FL with Mom and she will not follow the court order.

Can I file motion for contempt in GA and serve her in FL?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

As long as you still live in GA any contempt action you file must be filed in GA. Then you have the mother served and the action moves forward in GA. Speak with an attorney who can assist you.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: In the state of Georgia, do both parties have to agree to a child support addendum during a divorce? I never agreed

To any of the child support addendum. My ex husband has put false info and it has been approved without my permission.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

Child support addendums don't simply get approved, unless you came to an agreement. Otherwise, at trial, both parties would submit to the court a proposed child support worksheet, addendum, and evidence, and the court would decide what amount to order and what to put in the final order. If... View More

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2 Answers | Asked in Divorce for Georgia on
Q: In Georgia what percentage of the equity in a home has to be paid to the spouse?

We are only worried about the home equity everything else has been negotiated.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

There is no law that determines what, if any equity needs to be paid to a spouse in a divorce. If a spouse asks for equity in their pleadings, then they will need to present evidence and testimony to the Court, and the judge will make a decision. That is, if the parties do not come to an... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: My wife and I are getting a divorce. How do I get her to move out of my house?

The house belongs to me and was acquired long before she and I met. We have been married for two years, no children, no marital assets.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

The short answer is you cannot remove her from the marital residence without an order of the court. Please do not attempt to force her to leave the home. You have to petition the court for exclusive use and possession of the marital residence and they have to award that to you. They will then... View More

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 19, 2024

Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do i fill out the papers for a child support modification

hello I am trying to get a child support modification it has been one year only . The reason i need a modification is because the ncp did not get in insurance so i have it and the child was not in daycare at the time but now is . All these thing are new since the last child support order 10/2023.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Hire an attorney. It appears you didn't have an attorney the last time, which is part of the problem. Because there are steps an attorney can take to obtain the property documents to discovery the non-custodial parents actual income. It is best to hire an attorney who can draft the proper... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my child’s father cut off all contact and visits with my child but brought a gun into my home can he gain visitation?

Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More

1 Answer | Asked in Family Law and Divorce for Georgia on
Q: Question as to how to go about registering a vehicle in Georgia to an ax spouse solely?

My wife and I recently divorced and we have a loan on a Hyundai Santa Fe. I am first on the loan and she is a co-borrower. According to the court documents, she has all rights to the vehicle and it’s in her possession and the loan itself is addressed to her address in northern Georgia. She lives... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

All of this should have been addressed in your divorce. Either you would have signed a settlement agreement or you should have spoken about this during your trial, where the court should have made a final decision. That final decision would have been included in your final judgment. Anything not... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can I block my ex husband - father of 2 that are over 21 and one that’s 16? None want contact and blocked him themselves

It’s been nonstop for about 10 yrs nasty and vile texts he sends me and I have had enough. Long history of drug use and reason divorced him. He’s not had a job since before divorce and barely paid any child support. Currently owes me well over 40K. I use to beg him for support financially and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The only visitation and contact the father should have is what is in any order he has been given. If there's no order, giving him any access to your minor child, then you don't have to voluntarily give him any. But if there is an order that allows the father to contact the 16 year old,... View More

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Support for Georgia on
Q: Questions about an arbitrator's authority and abilities in Ga.

My ex and I are in a disagreement about the wording of parts of our parenting plan, and it is currently causing some financial burden for me and our daughter with bills that would normally be split between us and my ex not paying their portion (there have been no issues for the last 18 months with... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More

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