Family Law Questions & Answers

Q: How many times can you be put on child support and taken off by the same person

1 Answer | Asked in Family Law for Georgia on Jul 14, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
As many times as you are the biological father and my guess is that if the custodial parent took you "off" it was done by agreement of the parties and not the court so you are probably in contempt at this point so you should go back and figure out all that you owe from any court orders and get paid up before you end up in jail.

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Q: GA - father is required to pay child support beyond 18 even if the child has failed 2 full years in school.

1 Answer | Asked in Family Law for Georgia on Jul 14, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
Look at the decree and read the language. It usually states that you will pay until the child turns a certain age (18), become self-supporting or otherwise emancipated, or finishes school. If you think this is some sort of prank or intentional, then make a motion to the court to look into it. More importantly, get this child some help so she can graduate school. That is the real tragedy here.

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Q: Is it required for the father to be in the child's life if he pays child support? He hasn't been ard in 4 years

1 Answer | Asked in Family Law for North Carolina on Jul 27, 2015

Answered on Aug 2, 2015

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Melissa Averett's answer
No he is not required to exercise his parental rights, but both parents have the right to be parents unless a court says otherwise. Child support is a separate issue. Paying child support does not mean custody/visitation is in the child's best interest. Likewise, if your ex was exercising visitation or joint custody, and stopped paying child support, he still gets to exercise visitation/joint custody. If he has now decided he wants to exercise his parental rights, then you need to meet with a...

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Q: If parent surrendering rights is paying child support through a Family Service, will that obligation be relieved?

1 Answer | Asked in Family Law for Georgia on Jul 14, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
If think that you can surrender parental rights so you don't have to pay child support, then think again. Unless there is an adoption, there will be no surrendering of parental rights and you will continue to pay child support even if the mother wants you to surrender parental rights. If there is an adoption in place and you are surrendering parental rights in that action then you have no rights to ever see the child again and the child has no rights to claim as a beneficiary of your estate...

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Q: If I'm married and my husband moved out of can I file for child support he is100% disabled.

1 Answer | Asked in Family Law for Georgia on Aug 2, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
You need to file for a divorce and ask for a Rule Nisi hearing that will set temporary child support, visitation, custody and other issues on a temporary issue until the divorce is final. Whether or not you receive child support (and most likely you will if you are the sold provider of the child(ren) at this time) will depend on how the numbers come out on the Georgia Child Support Worksheet.

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Q: ex wife filed lawsuit against mistress do i have to appear in court

1 Answer | Asked in Family Law for North Carolina on Jul 28, 2015

Answered on Aug 2, 2015

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Melissa Averett's answer
Only if you are served with a subpoena from either woman, but if it goes to court, one of them is going to want you there. Either your wife needs your testimony to prove the affair occurred and damaged the marriage, or your alleged mistress needs you to testify that the affair did not occur during the marriage or if it did, the marriage was already broken beyond repair, which would reduce the damages. Either one of them, or both, can compel you to come to court as a witness.

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Q: My ex husband claims that I'm dating a married man and will get custody of our child. Can he do that?

1 Answer | Asked in Family Law for North Carolina on Jul 29, 2015

Answered on Aug 2, 2015

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Melissa Averett's answer
Custody is based on the best interest of the child. A judge will probably not be thrilled with you dating a married man, but other factors are more important, such as whether the child even knows your boyfriend, how the child is doing in your care, the child's relationship with your ex, etc. Set an appointment with a local family law attorney to see if you have anything to worry about.

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Q: Can having a boyfriend cost you custody of your child and hurt your divorce case been seperated for over a year

1 Answer | Asked in Family Law for North Carolina on Jul 31, 2015

Answered on Aug 2, 2015

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Melissa Averett's answer
Yes. If your boyfriend is not an appropriate person to be around your children (mental health issues, violence, substance abuse, etc) that can cause you to lose or limit custody of your children. Living with your boyfriend can cause you to lose any alimony claim. Financially supporting your boyfriend or being financially supported by him can, in some cases, effect your child support claim. Whether just having a boyfriend, after separation, but before divorce, will effect a judge's opinion of...

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Q: my son's ex wants to move from ga to texas and take their 4 yr old daughter with her. what do we need to do

1 Answer | Asked in Family Law for Georgia on Jul 14, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
Do you mean ex girlfriend or ex wife? If it's an ex girlfriend and he has never legitimated the child she can take that child wherever she wants. If it's an ex wife, the the final judgement and decree rules.

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Q: Can a father with no custody keep his 16 yr old daughter against her will to move in with her mother w/ custody?

1 Answer | Asked in Family Law for Georgia on Jul 14, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
Get him into court and he can be arrested on both civil and criminal charges. That is crazy what he is doing and he needs to be stopped asap. File a police report on his for kidnapping.

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Q: DFAC has placed granddaughter with me and has deemed the parents unfit and a danger to the child. Can I get full custody

1 Answer | Asked in Family Law for Georgia on Jul 15, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
DFACs will put the parents through a safety plan and other obligations. DFACs will most likely give you just temp. custody until the parents get their act together.

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Q: Can I give him consent to call me until the Protective Order is dismissed?

1 Answer | Asked in Family Law for Georgia on Jul 17, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
Read the order. You aren't supposed to talk or have any contact with each other and that is final.

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Q: Follow up question

1 Answer | Asked in Family Law for Georgia on Aug 1, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
What follow up question are you referring to? Your question makes no sense without some clarification..

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Q: If a he stated in court he doesn't want child support and files for back support later before new judge. Valid?

1 Answer | Asked in Family Law for Georgia on Jul 19, 2015

Answered on Aug 1, 2015

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Julie A. Rice's answer
Did a Judge really let him get away with not having child support paid on a child? Whatever happened in the first proceeding isn't going to matter; there isn't going to be any back child support regardless of who the judge is.

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Q: I pay $1000 per month in child support. This is done bi-weekly. Two months out of the year I'm paid 3 times.

1 Answer | Asked in Family Law for Florida on Jul 31, 2015

Answered on Aug 1, 2015

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Robert Jason De Groot's answer
A complete review of the financial circumstances of the parties is needed to answer your question.

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Q: Custody through an injunction, can I move my children to another state?

1 Answer | Asked in Family Law for Florida on Jul 31, 2015

Answered on Aug 1, 2015

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Robert Jason De Groot's answer
Did you have written permission from him or a court order? You should speak with an attorney in Florida who practices family law.

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Q: Can joint physical custody be granted w/o child support being awarded to either parent and neither wants it?

1 Answer | Asked in Family Law for Georgia on Jul 19, 2015

Answered on Aug 1, 2015

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Julie A. Rice's answer
It doesn't matter what you or the father want. Child support in GA is not your right, it is the right of the child. The court will run all the numbers through the Georgia Child Support Worksheet and if you owe him you will pay, and if he owes you, then you will pay and the Judge will make the final decision. You can express your desires, but someone is paying child support.

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