Leonard Robert Grefseng's answer A court order is always best, especially if there are payroll deductions or wage assignments already in place. I would also suggest sending a "reminder" letter to the spouse receiving the support which advises the support obligation will end at the graduation ( since she is already over 18) and asking if they will sign an "agreed order" terminating the support.
An agreed order is still a court order; but every court order does not have to be the result of a contested hearing. If they...
Leonard Robert Grefseng's answer In my opinion, yes. It seems to me that this is no different than the girl scouts going door to door to sell cookies- if the homeowner isn't interested in selling, all they have to do is say no, thanks, and shut the door or hang up the phone.
Leonard Robert Grefseng's answer Assuming the divorce was granted in Tennessee, in my opinion, it is unlikely you could change the decree at this point. All appeal times are long expired, as well as the time periods for modification under "Rule 60" ( a rule of procedure which addresses correction/changing a court order). . The divorce Court retains jurisdiction to modify certain issues ( alimony and child support) but the case law says a final property division is NOT subject to modification.
Leonard Robert Grefseng's answer Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Leonard Robert Grefseng's answer Call the local police/detectives office- get the documents together and explain the whole history to them. If the other person has committed identity theft, the police will instruct you on how to prosecute them.
Leonard Robert Grefseng's answer This can't be answered accurately without a complete review of the final decree of divorce. However, in my experience it would be very rare to include the rights and remedies you describe. If the house was "awarded to her," it is hers. If she was required to refinance within a time period, your son had the right to take her back to court to enforce the decree. If the failure to refinance truly caused bad things for him, she might have been required to pay him, or the Judge could have done...
Leonard Robert Grefseng's answer You have no duty to support another persons' children- only the biological parents owe child support. I assume this is what you mean when you say the children are "outside"- that is, these are not your biological children.
Leonard Robert Grefseng's answer Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.
Leonard Robert Grefseng's answer Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Leonard Robert Grefseng's answer Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.
Leonard Robert Grefseng's answer Real estate contracts are BINDING legal documents- you can't just back out because you change your mind. The contact can, and often do, contain conditions which, if not fulfilled, allow the contract o lapse. Have the contract reviewed by an experienced real estate attorney for specific advice- otherwise, listen to your agent who is supposed to assist you through the transaction.
Leonard Robert Grefseng's answer No one can be forced to settle. The case needs to be set for trial and allow the judge to decide the issues. This means you and possibly other witnesses testifying to prove the grounds for the divorce, that your parenting plan is in the best interests, and that your proposed property division is fair and equitable. if you are trying to represent yourself, DON"T. Consult an experienced family law attorney.
Leonard Robert Grefseng's answer The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the judge can go back further than 5 years OR he can make it less than five years. Your question doesn't give enough particular information to answer- consult an experienced family law attorney for specific...
Leonard Robert Grefseng's answer Unless you did something to cause the damage, you are entitled to a suspension of the rent for the period of time the premises are uninhabitable. Hopefully, you took some pictures of the damage so that if your landlord takes some action against you for the failure to pay the full rent, you will be able to prove to the Judge that you had to move out.
Consult an experienced lawyer if the landlord tries to evict you early.
Leonard Robert Grefseng's answer This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you might be entitled to damages. Consult an experienced litigation attorney soon.
Leonard Robert Grefseng's answer If by the term "lien" you mean a claim to be filed in the land records office ( the register of deeds) - the answer is NO. However, you do have the right to file a lawsuit against the landlord for recovery of this money, and if you win that lawsuit and after winning, he refuses to pay you, you can then record the lawsuit judgment in the deeds office as a "judgment lien. Its always best to consult a lawyer before filing the lawsuit.
Leonard Robert Grefseng's answer Yes, the executor named in the will can decline to serve- it is a voluntary position and no one can be compelled to serve. The Tennessee Code rarely provides forms for documents, so the refusal/resignation of the named executor will have to be prepared by someone- it doe snot have to be a lawyer, but it will need to contain the original signature of the named executor. the will needs to be reviewed also since it might address this situation: naming an "alternate" in the event the first choice...
Leonard Robert Grefseng's answer It's hard to answer accurately on the limited information given in your question. However, I suspect the answer is YES, BUT a recent amendment to Tennessee law limits an award of "retroactive child support" to 5 years, unless extraordinary circumstances exist. Consult an experienced family law attorney soon for specific advice on your situation.
If you admit the relationship with the boyfriend and there is some chance that he fathered the child, I suspect the Judge will allow the testing. If the boyfriend is the father, you will have to negotiate a parenting time plan with him and one of the parents will owe a child support obligation. consult an experienced family law attorney for specific advice on your situation.
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