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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Child Support for Georgia on
Q: How can child support be modified if there are two different household More tha 50% of income
Michael D. Birchmore
Michael D. Birchmore
answered on Jun 2, 2021

Your question makes no sense. Please rephrase it and explain exactly what is your situation.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My sister said i can stay with her i don't want her to get arrested for harboring a "runaway" what can I do?

My father threatens to physically assault me constantly, I've never been enrolled in school, im scared I want to call the cops but I don't know if they'll take me away from them I was beat constantly as a child I am 16 now and I can't stay here anymore cps was called in the past... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 2, 2021

You should contact GA Department of Children Services (Child Protective Services) immediately and speak with an agent of the department and tell them your situation.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My home foundation is not stable. Can I sue bulders

Home built in 2005 by Bowen Buliders group

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 2, 2021

On any given day, any person may sue another person for anything. There is no way to know for sure what is going on given that your question does not contain any information about your situation. Accordingly, we cannot give you a yes or no answer. Given the long lapse of time from building to... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: can an hoa member be forced to take on ownership of county owned roads if they disagree to it?

our hoa board wishes to purchase and take over the ownership of county owned roads to keep a gate that we have had for over 20 years and illegally operational and installed due to the fact our roads publicly funded. We are being told that majority will win the decision. we are being provided all... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 28, 2021

Without reading all the HOA documents which have been filed with the Clerk of Court and all the other documents which could impact your question, there is nobody here that is going to be able to provide the answers you seek. I suggest that you find and meet with a qualified real property (real... View More

1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... View More

3 Answers | Asked in Divorce and Child Support for Georgia on
Q: When my husband divorced, he agreed to pay half of college. If his son, who is almost 26, has gone to 3 colleges.

He has yet graduated, keeps failing classes, changed majors. How long is my husband required to continue paying a bill that will never end. His son is working, but his mother doesn’t force him to pay his bills after he moved out. He uses his money to travel to Cal or Japan. Please help. They... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 28, 2021

Cannot say without a review of the documents. He needs to meet with a Domestic Law attorney for sure.

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1 Answer | Asked in Family Law for Georgia on
Q: As a resident, can I record my monthly resident meetings in my personal care home common room for legal purposes in GA?

I would not reveal that I was recording.

Also, can I record conversations with people in the hallway outside my room if their voices are easily discerned in my room with the door open without their consent?

Michael D. Birchmore
Michael D. Birchmore
answered on May 26, 2021

You need to be careful with this. GA follows the "one party consent" rule. Basically, you may record only the conversations to which you are a party. Again, even if you handle everything properly, your use of the recording is going to be much more restricted than you know. Just... View More

3 Answers | Asked in Divorce for Georgia on
Q: Divorce decree states my pay me 35% of his bonuses. In 5 years, I have not seen any. How can I find out?
Michael D. Birchmore
Michael D. Birchmore
answered on May 26, 2021

Did your attorney not address that issue in the divorce?

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: is it possible to sue your hoa president and hoa for improper enforcement?

Every time I want to do add an upgrade on my home there is a problem with a fine or letter in my mailbox. The neighborhood is not uniformed so why are you trying to fine me for adding upgrades to my home and telling me to demolish my beautiful upgrades or tear it down. Please I need help.

Michael D. Birchmore
Michael D. Birchmore
answered on May 25, 2021

I agree that you will want legal representation before you tangle with an HOA. They are notoriously vicious and biased in the minds of many people. Be sure to speak with an attorney who works with land, title and HOA issues. It is a tough nut to go it on your own.

3 Answers | Asked in Divorce for Georgia on
Q: My court doc says I will be jailed for lack of payment of a student loan from my divorce decree. Can I be jailed 4 that?

It states that I must pay the full purge amount or I'll be incarcerated.

Michael D. Birchmore
Michael D. Birchmore
answered on May 20, 2021

Yes, but not in the way you might think. You would not be going to jail because of failing to pay educational loans. Instead, you would be "put in jail" because of your failure to abide by THE COURT'S ORDER. In other words, by not paying what you were court ordered to pay, you in... View More

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1 Answer | Asked in Child Support for Georgia on
Q: I need to find out if my ex filled taxes
Michael D. Birchmore
Michael D. Birchmore
answered on May 20, 2021

Call him or her and ask.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: Can I file suit or bring civil or criminal charges against someone for Parental alienation when my child is an adult?

My adult child is suffering from the parental alienation at the hands of he and Third party alienators. I am mother.

Michael D. Birchmore
Michael D. Birchmore
answered on May 19, 2021

No. I am unaware of a cause of action that would allow you to sue for this.

3 Answers | Asked in Child Custody, Family Law and Child Support for Georgia on
Q: Listed Interrogatories include HIPAA, Juvenile, and military record questions.

This is for a child custody battle. I have no prior record and the request is not subpoenaed. Do I HAVE to answer? 9-11-26 and 33 says I have to answer but nowhere does it explain the boundaries for such questions. Wouldn't HIPAA override this request?

Michael D. Birchmore
Michael D. Birchmore
answered on May 19, 2021

If you are having difficulties with this issue, you really ought to meet with an attorney so that the right questions can be asked and answered. Your question touches on at least 5 areas of law. It cannot be answered appropriately as asked. We would have to make too many assumptions to answer... View More

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1 Answer | Asked in Family Law and Adoption for Georgia on
Q: My son is now 19 , my mother adopted him when I went to Prison. He now wants to reverse it , or have his original mom

Put back on his Birth Certificate. What’s the cheapest way to do this ??

Michael D. Birchmore
Michael D. Birchmore
answered on May 17, 2021

Just have him change his name by filing for a name change through the court.

3 Answers | Asked in Family Law for Georgia on
Q: I just received a lien from the Massachusetts child support agency. What does this mean?

if i do not live there does it matter? or have any property or anything of such.

Michael D. Birchmore
Michael D. Birchmore
answered on May 17, 2021

Most, if not all, the states cooperate in the collection of child support. Typically in a situation like this, MA will send to the GA child support agency in your county the necessary info for GA to collect from you here in GA. If you believe the lien is a mistake, I would certainly urge you to... View More

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3 Answers | Asked in Divorce for Georgia on
Q: Is my retirement pension a part of the assets that would be split with my husband if we divorce?

I worked for a company and retired after 30 years. Retired in 2004. I started work in 1973 , married in 1987.

Michael D. Birchmore
Michael D. Birchmore
answered on May 11, 2021

Yes. The portion of the retirement which accrued to you while you were married will be considered "marital property." Thus, it will be subject to an equitable division. This being said, however, in every case there is typically an issue which takes the case a different direction. To... View More

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2 Answers | Asked in Family Law for Georgia on
Q: I currently reside in Georgia. What paperwork is required to allow my son to live in with his father for a school year?

I want to ensure that after the year my son will return to me without having to fight for him in court.

Michael D. Birchmore
Michael D. Birchmore
answered on May 10, 2021

As Mr. Jordan explained, there is not enough information given for us to be able to provide a competent response. I would tell you that if the father resides outside the state of Georgia, if your son lives with him for six (6) months, the jurisdiction of the case would swing away from GA to the... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: If the CCRS state that HOA Board of Directors "shall appoint an ARC" can the Board decide not to do so and act as ARC
Michael D. Birchmore
Michael D. Birchmore
answered on May 7, 2021

Provided there is no specific prohibition regarding the HOABOD being the ARC, then probably. In undertaking the responsibility of the ARC, the HOABOD have essentially appointed themselves. Do I believe this is best for everyone? Probably not.

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Georgia on
Q: what motion do I file for mistrial in Jennelle court agast dfcs and they
Michael D. Birchmore
Michael D. Birchmore
answered on May 7, 2021

I'm sorry. Your question does not make sense. It is incomplete.

1 Answer | Asked in Estate Planning for Georgia on
Q: In Ga, does my step mom have the right to exhume and cremate my deceased father if she is remarried?

My father has been deceased for 19 years. My step-mom want to exhume his body and cremate him. I am his daughter and I want to see if I have any legal rights to stop her?

My step-mom is currently remarried. Her reason is she doesn't want him there (she pick the place) and she... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 6, 2021

As you might imagine, we don't see this issue come up every day. Without doing much research on this, I am providing to you a statue (law) which might mean your mother could be charged with a felony for doing this.

++++++++++++++

OFFICIAL CODE OF GEORGIA ANNOTATED

§...
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