The divorce included a parenting plan. I didn’t think to look at the child birthday vs marriage date. I had no knowledge in any law. How does this affect court documents and cases? Can the parenting plan be removed along with the child support order. The parenting plan is joint custody. The child... View More 
I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!
answered on Apr 16, 2024
If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More
I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More
answered on Mar 26, 2024
Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More
answered on Mar 21, 2024
Yes. Giving up your parental rights will not relieve you of your obligation to financially support your minor child.
Through dfcs without my knowledge?
answered on Mar 13, 2024
A potential father can take a mother to court on an action to legitimize and the court can order a paternity test. If he is determined to be the biological father the court may award him some form of custody & visitation.
the notice to appear in court was sent within less than a 7 day week notice.
We have been trying to locate my grandson, since the mother cut off communication.
answered on Mar 21, 2024
The court can schedule a hearing and serve upon you a notice to appear. As long as it is properly served, the time within which they schedule the hearing is irrelevant. You can always ask for a continuance to hire an attorney if you have not had time to prepare your case. And it's very... View More
The non-custodial parent has never made a payment for child support, that was court ordered in 2016. He is over $28,000 in arrears (according to DFCS case portal) but they won't enforce saying I have to re-file as a "Full" case.
answered on Feb 19, 2024
I wold advise you to hire an attorney and file for contempt. An attorney can assist you in obtaining a judgment and in post-judgment collections to collect on that judgment.
When my ex and i divorced we agreed, no child support. Now, I want to take him back. Since our divorced my pay increased 4k and his decreased 2k. We shared 50/50 custody and now our incomes are almost the same. Maybe off by 300 a month. Would it be a waste of my time to take him back to court?
answered on Mar 2, 2024
No one can tell you what the child support would be without any financial documents. Child support can be modified every two years without a material change in circumstances. If you think there could be an increase, you could hire an attorney and take the father back to court.
I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More
answered on Feb 6, 2024
Child support enforcement is now involved in collecting your child support for whatever reason. You can contact the Division of Child Support Services and inquire as to why an Income Deduction Order was signed. But if a judge signed the Order, your employer is likely to enforce it and begin the... View More
I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More
answered on Feb 19, 2024
"At this time" means at the time your child support addendum was drafted. It doesn't mean that at a later date an Income Deduction Order cannot be established. So yes, they can establish one now, and your employer will enforce if when it's sent to them.
i was incarcerated in another county when my court date came up for determining the amount i would pay but none came and took me to court and they just put some number down that was incredibly higher than made or ever made and then wouldn't even look at it for another almost 3 yrs ...
answered on Feb 6, 2024
For the last 3 years the court expected you to pay the child support ordered. Two years after the order you could have filed for a modification. But a court is likely going to enforce the arrears balance for support that has accrued and not been paid. You can hire an attorney to try and... View More
I don't want to pay child support if he's living with me she won't agree to that
answered on Jan 16, 2024
If there is a court order giving the mother primary physical custody and you paying child support, you should file for a modification. If you were never married and never legitimized, the only way to get a child support order dismissed is for you to file for legitimation, and ask the Court for... View More
I don't want to pay child support if he's living with me she won't agree to that
answered on Jan 8, 2024
If you have a child support order in your name and the child now lives with you, I would hire an attorney to file for a modification of custody, and ask for a temporary hearing, for the court to award you temporary physical custody. The mother may come and get the child back once she is served.... View More
answered on Jan 2, 2024
The father does not have to have an order to pay support to file for child abandonment. Prior to having a court order, there is still a duty to pay support. And no, child abandonment actions can be for either parent. If the father has the child and the mother is not spending time with the child... View More
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answered on Jan 1, 2024
If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal... View More
can you ask the judge to order the maximum sentence of 12 months in jail? how do you request anger management and family counseling for the noncustodial parent during the hearing process?
answered on Jan 2, 2024
If you have a court order for someone to pay child support, and it is not being paid in accordance with the order, then you can file a contempt action. If you don't have a court order and the other parent is not spending time with the child or providing any financial assistance, you can file... View More
Child born in NJ when we resided there moved when child was 2. Dad has never met or tried to meet child pays child support occasionally. Now in GA but never transferred CS order but would like to apply for sole custody as child has special needs and I want to get a trust set up.
answered on Jan 2, 2024
If you're the mother and the father has never legitimized, you already have sole physical and legal custody under GA law. Therefore, you wouldn't file for something you already have. If the father now wants to file for sole custody, he should file in the county where the mother lives... View More
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answered on Dec 21, 2023
If you were not allowed to prove your innocence in child support court in Georgia, it is crucial to review any court orders or notices you received and consult with a family law attorney. Assess the specifics of your case, and guide you on potential legal actions. If you believe there was a... View More
I’m 23, once we told her mom they wanted to speak to her face to face, and she blocked me off my girlfriend social media accounts and every other way of contacting her. Is that illegal for her to keep me away from my girlfriend & unborn child if my girlfriend is an adult? How would I get... View More
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answered on Dec 12, 2023
No, it's not illegal. If your girlfriend wants contact with you, she will find a way.
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