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Questions Answered by Ellaretha Coleman
3 Answers | Asked in Child Support for Georgia on
Q: What can I do legally when the child support enforcement fails to in force my out of state order?

Child support In SC states beyond suspending the NCP license that’s all their doing in COVID 19. The director of child support in ga states she will not put a lien on his accounts, they only look at them. The arrears is almost 10,000. The NCP is an Over the Road truck driver. Also this is a... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jul 8, 2020

You can file a private contempt action to enforce the order. Through that action, you can also seek an incarceration order.

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1 Answer | Asked in Child Custody for Georgia on
Q: What if both maternal and paternal grandparents are not able to Care for my child in the event of my absemce

Can I give poa to a close friend?

Ellaretha Coleman
Ellaretha Coleman answered on Jun 12, 2020

You are not restricted from giving a power of attorney to only your children's grandparents.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Wife left 2 years ago. I have the kids she has made no contact with me or the children I need a divorce but how

I went to jail in 2018 on a violation of probation warrant. For non report. My wife dropped my kids off at my brothers and took off. She returned I think 2 times to visit until my brother realized she was abusing drugs and the court appointed him and his wife guardianship. I was released March of... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jun 12, 2020

If you do not know your wife’s whereabouts, you can file for a divorce by publication.

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4 Answers | Asked in Divorce for Georgia on
Q: I need legal assistance regarding a divorce case in the State of Georgia in Gwinnett County, possibly a mediator.

I have filed for divorce in South Carolina. My spouse filed for divorce in Georgia in Gwinnett County. It is rumored that his lawyer and my lawyer are negotiating settlements. Now in the 11th hour, my lawyer in South Carolina is telling me he cannot tell me the terms of the settlement because he is... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jun 9, 2020

You need to hire a Georgia attorney to represent you in the Georgia case.

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3 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: I am a male and have been the financial supporter in my marriage for 12.5 years.

During our marriage, my wife have obtained her high school diploma, Associate's, Bachelor's, & Master's degrees through partial benefits through my military veteran status while i have managed to keep our family financially stable. Am i entitled to some sort of spousal benefits.

Ellaretha Coleman
Ellaretha Coleman answered on Jun 3, 2020

There are a number of factors that determine whether a spousal support award is appropriate. You should consult with a family law attorney to review the financial circumstances of your specific case to determine your eligibility for spousal support.

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2 Answers | Asked in Child Support for Georgia on
Q: My ex did not deposit certain child support checks dated over 5 months ago. Do I have to re-issue?

Payment amount is not in dispute. My ex simply did not deposit the checks in a timely manner. She's threatening to hold me in contempt if I don't re-issue. I did not defy the settlement agreement, and have paid all child support payments on time in accordance with the agreement. I argue... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jun 3, 2020

It is her responsibility to deposit the checks.

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3 Answers | Asked in Adoption and Family Law for Georgia on
Q: How to start on a step parent adoption

Hello, my husband would like to adopt my son. We’ve been together 4 years and my son’s biological father had his parental rights terminated in 2014. Do we need to hire a lawyer or is it possible to file the paperwork with the court ourselves?

Thank you!

Ellaretha Coleman
Ellaretha Coleman answered on Jun 3, 2020

It is possible to file the paperwork yourselves, but that is not advisable. There are a number of procedures that you will need to be familiar with in order to efficiently complete your step-parent adoption. I highly recommend that you hire an attorney to complete this for you.

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2 Answers | Asked in Family Law for Georgia on
Q: How much will it be to get a lawyer to file contempt on a party in a civil matter

Too much to list

Ellaretha Coleman
Ellaretha Coleman answered on Jun 2, 2020

That depends on a number of factors including the nature of the contempt and the lawyer's rates. You should consult with a family law firm to determine your options.

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1 Answer | Asked in Child Support for Georgia on
Q: My daughter is 20 in Georgia. I never filed child support. Can I do a civil suit in ga and how

I had a one nite stand and my husband paid to raise her. I was told I could sue hum for 9 years child support civil

Ellaretha Coleman
Ellaretha Coleman answered on Jun 2, 2020

No. Child support would have had to have been requested via a court order while the child was still a minor.

2 Answers | Asked in Child Support, Criminal Law, Family Law and Federal Crimes for Georgia on
Q: I was written a bad check intentionally for child support. What do I do about being written a bad check?

*took measures to try and make it get lost in the mail

*went on vacation days after I received check late in the mail (also 2 months late on previous payments)

*check for over 500 (felony GA)

*superior court ordered cs

Ellaretha Coleman
Ellaretha Coleman answered on Jun 2, 2020

I agree with Attorney Edwards. You can file a contempt action. You can also seek a criminal warrant for the worthless check.

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3 Answers | Asked in Family Law for Georgia on
Q: My sister has temporary guardianship of my children and now she wont let me see them or give them back

We signed it in November to prevent if I was to go to jail that I would might be gone for more than a month or so and she would have the legal authority to say if they could go to the doctors and so on but now she won't let me see them she won't let them come over and she's telling... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on May 29, 2020

You will need to terminate the guardianship to get your children back.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My ex husband is asking for a dna test one year after we divorced can I keep the baby away from him until the test

In the custody agreement he gets every other weekend but when he gets mad he wants a dna test can I keep the baby away from him until he gets the test done

Ellaretha Coleman
Ellaretha Coleman answered on May 29, 2020

No, you are still required to follow the order.

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2 Answers | Asked in Child Custody for Georgia on
Q: Non custodial father seeking overnight weekends...

Non custodial father of 3 yr old, hasn’t seen child in 2 years (never created a connection with the child as a baby) all of a sudden seeking legitimation to get over night weekends. Father lives in crime neighborhood, an hour away from the mother, and has even spoke of selling drugs himself from... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on May 26, 2020

Whether a judge will grant the legitimation and visitation request will depend on whether the judge finds that it will be in the child's best interest. If the mother has serious concerns about the child's safety, she should hire an attorney to fight the legitimation action if the father... Read more »

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1 Answer | Asked in Child Support for Georgia on
Q: If there has been significant lapse in time...

If there has been a significant lapse in time since non custodial father has sought to have contact with the child, can abandonment still be considered if the father has been paying child support through the government during this time?

Ellaretha Coleman
Ellaretha Coleman answered on May 26, 2020

Abandonment charges are sought when a parent has not financially supported their child for a period of more than 30 days. If the non-custodial parent is consistently paying child support, abandonment charges would not be appropriate.

2 Answers | Asked in Divorce for Georgia on
Q: My husband I bought our house before we were married. We put it in his name b/c my credit was bad.

We bought the house 11 years ago and have been married for 9. For 6 of the 11 years he paid the full expenses while I stayed home with kids and went to school. Do I have any rights to the house?

Ellaretha Coleman
Ellaretha Coleman answered on May 26, 2020

Possibly. If the home was purchased with the intent of the parties to be the marital home after the marriage, it may still be considered marital. You need to discuss your specific facts with an attorney to determine your options.

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1 Answer | Asked in Child Custody for Georgia on
Q: How likely is it that a non custodial father who has never sought to establish a connection in 3 years...

Is now seeking to get him on the weekends. My son is now 3 years old, the father and I were never in a relationship and I never got to know him very well and do not know his family at all. I’m unsure about my sons safety and well being. Is there anything I can do to stop the weekend sleep overs?

Ellaretha Coleman
Ellaretha Coleman answered on May 26, 2020

Based on the lapse in time with no involvement from the father, he may have abandoned his interest in having a relationship with the child. Whether the judge will deny his request for legitimation and/or visitation will depend on a number of factors, including the judge and specific facts of your... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How would I go about pursuing the involuntary termination of my exes parental rights who is unfit parent?

My ex husband has never been in my daughters life he has been absent most of her life and she is 10 years old. He has been diagnosed with several mental health disorders and is currently in jail and I want to get his parental rights terminated before he is released. My daughter fears him and I fear... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on May 20, 2020

You need to consult with an attorney to discuss the specifics of your case. Typically, terminations of parental rights are not granted unless a third party is present to adopt, such as, in the case of a step-parent adoption. However, under the circumstances, you may be able to file a modification... Read more »

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2 Answers | Asked in Child Custody for Georgia on
Q: How to terminate a temporary order?

I added an intervenor on my custody case and had a temporary order for the intervenor because my child was staying there at the time, it was put in place a year ago. . now my child is back living with me and I want the intervenor/temporary order removed because they are trying to take my child... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on May 20, 2020

If they have an order for custody, no you do not have the right to take the child from them until the order is modified. You will need to file a modification of the custody order.

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