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My brother had a relationship with a woman who is still married, but separated. She became pregnant. Said child is now two years old. The mother is trying to go after my brother for child support. Given that she is still legally married to someone else, who is legally responsible for paying child... View More 
answered on Mar 31, 2023
If the mother believes your brother is the father she can open up a case with the Division of Child Support Services or hire a private attorney and file an action for paternity. The husband of the mother is presumed to be the father, however that presumption is rebuttable. And if your brother,... View More
I have gotten 4 different stories from 4 different people at the child support office. I just don't understand I get that they say that it's a rear's but how did they let me go for almost 3 years if I was supposed? To be paying this.
Dinner case get reopened or something. I... View More
answered on Mar 30, 2023
Arrears do not disappear, even if you gain physical custody. Because arrears are past due payments, not current child support. Now if you obtained physical custody through a court order, then your child support order for future payments should have been dismissed. If you simply took physical... View More
No children under 18, prior physical abuse, current verbal, financial and mental abuse. Can I leave without a document in place to another state and file for divorce there after establishing residency?
answered on Mar 27, 2023
Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce... View More
Important issues were left out during mediation.
answered on Mar 25, 2023
It is unlikely the Court will order the parties to attend mediation again or that the opposing party will agree to mediate again. If there are issues that were not addressed, you can attempt to resolve those with the other side and come to an agreement. But having an attorney would have... View More
answered on Mar 23, 2023
If a court has signed an order giving her father visitation, you will need to produce the child for that visitation, or you could be found in contempt of court. Only an order of the court modifying that will change your obligation to produce the child. Therefore, even if the child says they no... View More
I’m a 17 year old who is not happy being with my mom, For months i am mentally not happy. I just want to stay with my dad after i get out of school for the summer May 24th 2023. Many arguments, i was starting to do poorly in school here at my moms when i used to be a student that would excel. I... View More
answered on Mar 20, 2023
If you leave your mother to go and live with your father without a court order, your father would technically be kidnapping if he refused to produce you back to your mother. If you want to live with your father the proper way to go about that is for your father to either file to modify an existing... View More
answered on Mar 20, 2023
You can file for divorce and use service by publication to properly serve your missing spouse. You will need to use his last known address for filing and service. I would suggest hiring an attorney to walk you through how to have someone served you cannot locate and where to properly file for... View More
answered on Mar 20, 2023
Prior to the filing of a divorce, either spouse can take anything they want out of the marital residence because there's been no standing order preventing them from selling, transferring, taking, or disposing of any items that could be considered marital property. When a spouse files for... View More
In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... View More
answered on Mar 20, 2023
Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other... View More
I bought my home before I got married and now we're going through a divorce. Oddly, we still live in the same house while going through this.
She has stated several times that she isn't leaving g after the divorce is final.
My question is, when the divorce is final and... View More
answered on Mar 20, 2023
I think you would greatly benefit from hiring an attorney. It sounds like you have a contested divorce if your spouse is unwilling to even move out. And if you don't present your case properly, the Court could end up awarding her things you disagree with. But at your trial you should... View More
answered on Mar 10, 2023
My best advice to you is to hire you a local attorney in your area. Grandparent visitation is limited and several factors need to be proven in order for the court to determine that visitation is in the child's best interest. If the parent objects to your visitation, you will need to make... View More
And has not paid mortgage payments and it is in my name and willed to my daughters. We married when our children were grown and out on their own. Please tell me he not entitled to my home
answered on Mar 8, 2023
Any real property that a spouse has prior to marriage is normally considered their separate property that they can ask the Court not to include in the distribution of marital property. However, in some circumstances a spouse may be entitled to some equity, depending on their contribution to that... View More
The matter will be heard in Fulton Country GA and a petition for Paternity and Child Support was filed. I know I need to file an answer and counterclaim for legitimation to get proper rights in GA and a definitive visitation schedule.
There is already a child support order from Illinois... View More
answered on Mar 8, 2023
If you choose to represent yourself you will be expected to have the same knowledge as an attorney. You will be expected to handle your own discovery, your case in chief and to prepare all of your documents for Court. I would highly suggest hiring an attorney, because the child support, custody... View More
My daughters dad hasn't seen her or even tried to see or hear about my daughter. He lives in tennessee and I moved down here with her cause he mentally and emotionally abused me and now I'm terrified hes going to do something to her. He has kidnapped her when she was 3 months old and... View More
answered on Mar 10, 2023
If you prevent the father from having any contact with the child, he may decide to file an action to legitimize. If he does so, sure you can object to the legitimation. However, the Court may still determine that the father being in the child's life is in the child's best interest and... View More
What should I expect as far as the procedure? I thought case was closed
answered on Feb 28, 2023
I can't tell you what to expect when I don't have any details of your case. You stated, "legitimation/temporary custody hearing with child's father august of 2021, I just received notice of a final hearing. What should I expect as far as procedure? I thought the case was... View More
Both minor children’s paternal grandmother has sole custody of both minor children. And there is a 3rd child but he is not a minor.
answered on Feb 23, 2023
If you have living biological children born of the marriage then you have children, whether they currently live at your residence or not. The Court needs to know that you have living minor children in order to address the custody & visitation of those children as well as child support, if that... View More
My father in law has a temporary grandparent visitation order for my stepson. we are relocating to a different state near the other three grand parents for my job.
answered on Feb 23, 2023
You could find yourself in contempt of court if your move prevents the grandparent from exercising visitation. Temporary visitation means that a case is still pending. If so, I don't think you should relocate without notifying the Court. The Court may need to reevaluate the visitation so... View More
answered on Feb 23, 2023
If it's pending then it's not closed, and wouldn't need to be reopened. I would consult an attorney because it sounds like you need some help understanding the case, since you're asking this question. If by "was pending" you mean it has now been dismissed or there... View More
We already have a temporary ruling. The opposing party lives out of state.
answered on Feb 17, 2023
Service should be perfected according to the laws of the state in which you need to complete service. If you're unaware of how to serve a Rule Nisi, you should probably hire an attorney to represent you. Because it is likely that you are also unaware of how to represent yourself at a final... View More
House bought 2004, I moved in 2005, married 2015. Have 3 children together living in the house 15,14,&10. The last time house was refinanced was 2020. My name is not on it. Do I have any rights? Can he throw me out?
answered on Feb 17, 2023
If you're living in the residence and have been, your spouse cannot evict you. You should speak directly with an attorney to determine what you may be entitled to regarding the home purchased prior to marriage. Due to the fact that you may have been paying some of the mortgage or some of the... View More
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