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Questions Answered by Regina Irene Edwards
2 Answers | Asked in Divorce for Georgia on
Q: What if I forgot to submit the summons but the opposing still filed a response to motion to amend final order.

How will Court handle at hearing. Could opposing counsel bring up at hearing to have motion completely ignored?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Not filing a Summons is not fatal to a case - you can always file it now.

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2 Answers | Asked in Divorce for Georgia on
Q: In Fulton County Superior Court Family Division, if an individual I want served with a Motion to Modify Final Order...

has an attorney on record do I serve the attorney with the motion or serve the individual with the motion?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

For a new modification case, you have to serve the other party personally.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

You need to speak with an attorney about your case so they can research. I do not recommend calling the police unless a child is in danger and it can be confirmed that he doesn't in fact have a custody order. An attorney can research this for you.

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3 Answers | Asked in Divorce for Georgia on
Q: What rights do I have if only married for 19 months and put out of the martial home

My husband owned the house prior to us getting married he has offered no assistance I was however able to get monies he owed me before he blocked account access . He insisted that I leave my job and draw SS benefits stating he was going to take care of us now he wants a divorce where does all of... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

Given the short length of the marriage, it is unlikely that he will have to give you any more money if you already recovered what you say he owed. You should contact an attorney about an uncontested divorce.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My son’s dad signed birth certificate late. Will i be able to get child support now or will i have to wait ?

We sent the papers in back in June, but it could take up to 10weeks for his name to officially be added to the birth certificate, can i go ahead & get child support or will i have to wait until his name is officially on the document?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 22, 2021

You can file for child support now.

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3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My kids live out state with Mom and I have monthly visitation. I would like to see if I can get credit or

adjustment for travel cost? My CS order is 2yrs old. Can this be done?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

A travel deviation is discretionary. You should consult with an attorney. It is possible that even though your order is 2 years old, the support could increase if your income or the child's expenses have gone up, or if the mother's income has gone down.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have legal joint custody with my ex and she will not let me see my child. What do I do?

We were never legally married, lived together 8 years, I am legitimized, pay child support and a court order to have my daughter every week but my ex will not ever allow me to get her. What should my first step be?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 19, 2021

Contact an attorney about filing for contempt. Before you do, send a text indicating you are going to exercise your parenting time at the next scheduled time and you will sue her if she does not allow it.

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3 Answers | Asked in Divorce for Georgia on
Q: My husband and I been married 5 years he cheated could I get alimony
Regina Irene Edwards
Regina Irene Edwards answered on Jul 16, 2021

Him cheating doesn't mean that you will get alimony. Alimony is based on a variety of factors, including his income and yours and whether or not you financially need alimony and if he can afford to pay it.

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1 Answer | Asked in Child Support for Georgia on
Q: I have been over paying in child support for the past 24 months. My court order is 2yrs old.

Can I request my case be reviewed and recalculated to the correct amount? Also can I get credit for the months of over payments and have that applied to my arrears balance?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 14, 2021

You aren't going to get a credit for anything. If the case is reviewed, the child support may go up. There is no way to tell. You should consult an attorney who can run a calculator for you and give you advice about whether you are paying too much based on the income information of both... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: In child support modification do I need to submit the “ REQUIRED DOCUMENTS TO BE PRODUCED” I’m the respondent.

The Petitioner’s attorney didn’t supply me with one. I found it after reviewing Fulton county’s checklist for modification of child support.

Regina Irene Edwards
Regina Irene Edwards answered on Jul 14, 2021

Yes, you do.

1 Answer | Asked in Child Support for Georgia on
Q: In Fulton County for a modification of child support do both parties complete “Answers To Interrogatories”?
Regina Irene Edwards
Regina Irene Edwards answered on Jul 14, 2021

Yes, both parties must complete interrogatories, turn over the Fulton Mandatory documents and fill out the Domestic Relations Financial Affidavit.

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Have a friend that is married and his wife is cheating she has another man living with her what can he do

She a restraining order against her husband he cant even see his kids while she has another man living in his home

Regina Irene Edwards
Regina Irene Edwards answered on Jul 12, 2021

He can file for divorce and ask for parenting time.

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3 Answers | Asked in Family Law for Georgia on
Q: Can I get my kids back and force a court to intervene before mother get them back

not married to the mom, but kids went to mom's parents and they took kids over to mom who want to get them back but they have been living with me for 4 years with 2 previous years with mom but the other 8 years before that they lived with me. ages 6, 10, 13, and 14 years old. I am on birth... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 8, 2021

I agree you have to file for legitimation. You have no rights otherwise.

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3 Answers | Asked in Domestic Violence for Georgia on
Q: If an ex fling filed a TPO against me for stalking, should I take one out on her as well?

I had a 9 month relationship with a woman who is engaged to be married. Out of nowhere she broke it off, changed her number and blocked me. I sent a ridiculous amount of emails to try and get her to respond. Cusses her out, threatened to tell her boss she uses illicit drugs in which she does. In an... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 7, 2021

You don't appear to have a basis for filing one. She hasn't harassed you. If you want closure, just don't have any contact with her.

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3 Answers | Asked in Criminal Law, Divorce and Immigration Law for Georgia on
Q: Can the following message from my wife be considered extortion?

You don't know! This is going to be my lat talk to you, do not ask me any more, I need 2 thousand dollars to pay the hospital and the anesthesia, if you don't guive to me I'm done with you at this I you not look back, think and like I said , I need the money not good talking, only... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No.

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2 Answers | Asked in Divorce for Georgia on
Q: I have been divorced in KY for 4 years. When we divided up personal property I forgot to ask for my $1200 Kayak. Can

I have texted him several times even offering to buy it from him; he ignores me. Can I still recover this ?

I divorced in KY and live in KY

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No, the divorce agreement is final. If he doesn't want to sell it to you, there is nothing you can do.

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3 Answers | Asked in Divorce for Georgia on
Q: Im disabled. My ex-husband made me sign a non-contested divorce & threatened me. Can i go to court and get my part?

I signed divorce papers under the threats of an abusive Narcissist. I am disabled with no income. I was married 25 years. Can prove duress and abuse along with adultery. I cant afford a lawyer as i have 0 income. Waiting for my disability to be approved. Is there anyone that will help me get what i... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 28, 2021

If your case has not been finalized, talk to an attorney immediately about setting aside the agreement.

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