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Questions Answered by Alake Colwell Furlow
2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What falls outside the coverage of child support? i.e. expenses that I should split with my ex, in addition to CS?

I pay half of private school tuition for my two kids. In addition I give their mother a monthly child support amount. I also pay for half of summer camps, and half of medical expenses that she pays out of pocket. However, she is asking me to also pay half of other expenses incurred during the year... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 17, 2023

If you have an order for support your order should state what you pay. There should have been a child support worksheet completed when the court established your order that included any expenses the parties pay. There could have also been a child support addendum, which further explained what... View More

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1 Answer | Asked in Divorce for Georgia on
Q: Property outside the US bought with gift and inheritance money from a parent, No mingle accounts or moneys. Is Marital?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 13, 2023

The location of property purchased during the marriage does not impact whether it is considered marital property as married persons can buy property anywhere. It does not have to be located in the U.S. for it to be marital property. Anything purchased during the marriage could be considered... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Does a child have to be a certain age to decide which parent they want to live with if they have joint custody since div

The children do not want to go back to their mother's house when they have to go back home Sunday because of abuse and new husband and problems there

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 13, 2023

A guardian ad litem can always be assigned in a case involving a custody dispute to help the court determine what is in the best interests of the children. But without a guardian ad litem, children of a certain age can make an election and state in writing, which parent they would like to live... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My CS case is currently under review with DCS. It has been 3 months. DCS said they have to serve Mom the modification

papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 9, 2023

It is always better to hire an attorney and have that attorney file your modification paperwork, rather than ask the Division of Child Support Services for a modification. That is because an attorney representing you is going to collect far more documents from the custodial parent than the... View More

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2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 1, 2023

The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... View More

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: my husband child support case close now reopened without his knowledge now he is penalized

the case was supposed to be closed because the order states but the mother went back and had it reopend because the kids are in their last year of school the children are both 18 he was not notified and his employer was not informed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Simply because a case is closed does not mean it cannot be reopened. In the state of GA child support should be paid until the children turn 18 and have graduated from high school, that is, if it is a GA child support order. If the order was signed in another state, then the non-custodial parent... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: In Georgia can the Attorney for Child Support Recovery deny the CP from going before the judge if the CP requests it?

Refiled with Child Support 6/2022...after 5 years of non payment... NCP went into office 11/2022 after multiple attempts to serve at residence and paid 2k and sign continuance for court 1/25/23. NCP did not make any 12/2022 or 1/2023 payment. At the time of this court date NCP has new job of 3... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

The attorney for the state represents the child, not the mother. If you did not get an opportunity to speak in Court, the attorney for the state must have thought your testimony wasn't necessary. If you don't like how child support enforcement is seeking to obtain arrears, hire a... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What proof do I need to show I have 2 other children I’m obligated to?

I also receive ebt as well as Medicaid for myself and my son as I am low income. How will this affect my ability to pay child support to another child with a different father other than the two I have now.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Child support is based on your gross monthly income. If you are unemployed, the court will impute minimum wage and use that as your gross monthly income. Being low income doesn't affect your ability to pay child support, nor does having additional biological children whom you support. Those... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Title 15 - COURTS Chapter 11 - JUVENILE CODE Article 3 - DEPENDENCY PROCEEDINGS Part 1 - GENERAL PROVISIONS

How do I start the process of getting to see my son and start the legal proceedings to obtain custody help.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It is unclear from your question whether you are the mother or father of the child. If you are the mother, if your child was taken from your custody, you should have a hearing, in order for the state to provide you with the reasons why they feel the child should have been removed from your home.... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Sister in law claims we have a dcfs case but we havent seen a case worker or judge. Can we go get out children from her

Sister in law refuses to give us our children back claims dcfs gave her custody but we havent had a court hearing or a case worker

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have not seen any paperwork that provides your sister in law with temporary custody or guardianship, her refusal to produce your children could be considered kidnapping. I would advise you to contact the juvenile court and see if there is a case involving your minor children. I would also... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My 16-year-old daughter wants to be adopted by her stepdad (my husband)

My 16-year-old daughter wants to be adopted by her stepdad (my husband). Her birth father has not paid child support since early 2020, has not seen her since mid-2020 (June or July) and has not contacted her since end of 2020 (December). I have attempted to contact him with no luck in getting... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

You can contact the father to see if he will sign paperwork to consent to the adoption. You can also file to terminate his parental rights so the child can be adopted. I would seek an attorney who can assist you, as there are some who dedicate a part of their practice to the field of adoption.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can they terminate my rights to my children if the father has chosen to do drugs?

They have been in foster care for 18 months and talking about termination because their father is on drugs. But I have everything that was required in order for my kids to come home.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you are still living with the father after 18 months of your children being in foster care, the Court has likely determined that the children can't be released back into your home, if the father is not sober. There appear to be some details that have been left out if the Court is... View More

1 Answer | Asked in Divorce, Family Law, Child Support and Military Law for Georgia on
Q: What documents do I need to file for garnishment for child support through the N/C VA disability compensation in GA?

Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It's likely that a Motion to Dismiss will be denied. The Court is going to set a trial for the Plaintiff's contempt motion to be heard. I would focus on preparing for that hearing so that you can respond to the evidence and testimony. I would also advise you to hire an attorney prior... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is it legal for my wife of 15 years to take our camper we live in with my belongings and leave me homeless
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

If neither of you have filed for divorce and been awarded certain property on a temporary basis, then each of you have access to the camper and can use it as you see fit. Only by filing for divorce and asking to be awarded the camper on a temporary basis, can the court award you with exclusive use... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: DFCS caseworker became friends with mother of my child and went to lunch during active investigation. Is that legal?

During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have a case that is still ongoing I would seek an attorney to represent me. Sometimes each parent is not given the exact amount of time in an investigation as the other. And that could be for a variety of reasons, such as, they had additional questions for the mother regarding allegations... View More

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My ex admitted to having a job and an business can I have my child support reduced. Griffin GA

I also have a child with autism and a pregnant wife I also have two other children with my wife can that help reduce my child support as I have to pay for everything in home including my visitation costs

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If your child's mother did not have the job and business during the child support case when the current order was established and this occurred after the order was signed, then you may have a material change in circumstances that might qualify you for a modification of child support. Also, if... View More

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2 Answers | Asked in Divorce for Georgia on
Q: Typically what is the cost for an annulment in the state of Georgia

Was married for 7 days

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

You would first need to speak directly with an attorney to determine if you qualify for an annulment, because the length of a marriage is not one of the grounds for annulment. Once you determine if you qualify for an annulment or a divorce, that attorney can then help you with filing the proper... View More

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1 Answer | Asked in Child Custody for Georgia on
Q: What form do I need to file emergency custody
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

There isn't a form for that. I would hire an attorney to represent you so they can file the proper paperwork.

1 Answer | Asked in Divorce for Georgia on
Q: I have a injection from my husband we kids suppose to come fri to fri one week we me and one week with him .. what if ki

Kids don't wana come

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

If there is a court order giving a parent visitation then the children do not get to decide they don't want to go. Until a new order modifies the existing order, all parties should abide by the visitation outlined and the children should be produced when it's the other persons parenting time.

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