Questions Answered by Ellaretha Coleman

Q: Prenup to protect income from previous marriage child support obligations -ASUME

3 Answers | Asked in Family Law for Georgia on
Answered on Mar 13, 2019
Ellaretha Coleman's answer
Child support in Georgia is only calculated based on the income of the biological parents. Accordingly, a new spouses' income would not be factored in calculating support. However, you would need to consult with an attorney in Puerto Rico, or whatever jurisdiction the order originated from, to confirm that that is the same in that jurisdiction.

Q: How to enforce court order for visits in GA from NE jurisdiction

4 Answers | Asked in Family Law for Georgia on
Answered on Mar 1, 2019
Ellaretha Coleman's answer
If the order was issued from another state and is being enforced in Georgia, you will need to domesticate the order in Georgia before it can be enforced.

Q: So we're other than legal aide can we find a pro Bono lawyer for family law around Valdosta Georgia?

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Feb 28, 2019
Ellaretha Coleman's answer
Unfortunately, there are not many options for pro bono attorneys for family law cases. There may be some agencies in your area that offer pro bono or low bono legal services.

Q: How do i file a 9-15-14? Can i file against attorney and/or client?

3 Answers | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Answered on Feb 27, 2019
Ellaretha Coleman's answer
In order to prevail on a 9-15-14 claim, you need to be incurring attorney's fees. If you are represented by counsel, you need to discuss whether this is a viable option for you with them. If you are not represented by counsel and believe that the other party has either brought a frivolous claim or is expanding the litigation unnecessarily, you need to consult with an attorney to discuss pursuing a claim pursuant to O.C.G.A. 9-15-14.

Q: Hi my name is Heather and I am trying get my son back. My son don't live in the same state as I do. I don't what I can

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Feb 25, 2019
Ellaretha Coleman's answer
If the child is in Georgia and you and the mother were never married, you would need to file a petition for legitimation prior to having any rights to visitation. If the child is not in Georgia, you would need to consult with an attorney in the state in which the child lives to determine your rights and options to visitation.

Q: I got married when i was still in high school and i was pregnant and i have never had a job. will i get alimony?

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Answered on Feb 24, 2019
Ellaretha Coleman's answer
Possibly. There are a number of factors that go into an alimony determination. The court will not only look at your financial need, but also his ability to pay support. You should speak with a family law attorney to determine your options based on the specific facts of your case.

Q: I've cared for this baby girl since July 19th 2018 the day she was born.

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
That depends on what legal documents you have. We can not answer this question without knowing what documents you have. However, if the documents were not filed in a court, they likely are not enforceable. Custody and guardianship documents must be filed with a court of law to be enforceable. You should consult with an attorney to determine your options.

Q: I am looking for a lawyer that will assist me with a case against Family and children services regarding my 3 kids

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
If you have a pending dependency case with DCFS, you need to consult with an experienced family law attorney immediately. The timelines in these cases can be swift, depending on the circumstances.

Q: If i pleaded guilty to family violence but it was self defense helping family who was attacked by a weapon what to do

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
You should consult with a criminal defense attorney to determine your options.

Q: Likelihood of 50% custody with no legitimization and never helped financially. only asked for 50% after child support

4 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
Not likely that he would get 50/50 physical custody if he has not been involved prior to now and the child is 4 years old. The court will look to the best interest factors in determining custody, which includes the parties' historical parenting. You should consult with an attorney to discuss the specific facts of your case.

Q: After living on mom and stepfathers land for 23 years and paying taxes, being told its mine can they just evict me.

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 19, 2019
Ellaretha Coleman's answer
This is a real estate or landlord tenant question, not a family law question and should be posted in the correct area to obtain an answer.

Q: If NCP remarries, does the child support amount included the income from the new spouse?

3 Answers | Asked in Child Support and Family Law for Georgia on
Answered on Feb 18, 2019
Ellaretha Coleman's answer
No. Only the income of the parents are considered for determination of child support.

Q: How does one find a lawyer in Atlanta with experience in narcissistic behavioal disorder?

2 Answers | Asked in Divorce and Family Law for Georgia on
Answered on Feb 18, 2019
Ellaretha Coleman's answer
You should interview individual law firms to determine if they are a good fit for your specific case. Narcissism is not something new and most experienced family law attorneys have dealt with both sides of that coin.

Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

2 Answers | Asked in Contracts, Copyright and Family Law for Georgia on
Answered on Feb 13, 2019
Ellaretha Coleman's answer
This is not a family law question and has been addressed to the wrong forum.

Q: If the NCP is awarded custody and becomes the CP, does this remove the child support order? Is a separate motion to

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
The new order should supersede the prior order on child support. However, if the child support is being collected by DHS, you may need to forward a copy of the new order to terminate the child support withholding.

Q: If something happens to me can I set up where my kids be taken care of by my family instead of their dad?

2 Answers | Asked in Family Law, Divorce and Child Custody for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
You can not will away children in the event of your death. If the unfortunate should happen, the father can petition the court for custody of the children.

Q: Ex is sending me irrelevant emails about the kids

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 11, 2019
Ellaretha Coleman's answer
Unfortunately, unless the communications rise to the level of harassment, there is nothing that can be done if they are over communicating regarding the children.

Q: my child's father hasn't legitimized her in 7 months and has not financially provided for her. Can I claim abandonment?

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 11, 2019
Ellaretha Coleman's answer
You an file an abandonment application if he has not provided support for the child for more than 30 days. We would need more information to determine if supervised visits would be warranted.

Q: My son's father has not filed taxes in 2 years and claims he's unemployed. I have receipts and quotes proving otherwise.

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 11, 2019
Ellaretha Coleman's answer
There are a number of ways to prove his income. You can obtain his bank statements, living expenses, etc. DCSS is not typically going to do that leg work for you.

Q: I have a question for family law

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 10, 2019
Ellaretha Coleman's answer
You can either post your question on this site or contact a family law attorney directly.

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