Georgia Questions & Answers by Practice Area
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Georgia Questions & Answers
Q: If my fiance's son's mother waits to put him on child support until after we are married will be income be included?
Regina Irene Edwards' answer
Only the parent's income will be included - not a spouse's.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Only the parent's income will be included - not a spouse's.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Q: Was I required to pay child support during the TPO?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
Georgia
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Regina Irene Edwards' answer
You are obligated to support any child that does not live with you, regardless of whether there was a child support order in place.
Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
You are obligated to support any child that does not live with you, regardless of whether there was a child support order in place.
Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Q: I am defendant in child custody case in Ga. My ex now lives in dif county, we share joint legal custody. can I counter?
Regina Irene Edwards' answer
You can never file a counterclaim for custody. http://law.justia.com/codes/georgia/2010/title-19/chapter-9/article-2/19-9-23
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
You can never file a counterclaim for custody. http://law.justia.com/codes/georgia/2010/title-19/chapter-9/article-2/19-9-23
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Q: I called the jail about my brother and they said his charge is battery and is a felony under family violence act?
Robbie Levin's answer
First offense would be a misdemeanor. Any subsequent offense would be a felony.
For more information, visit my website at www.LevinLawyerGa.com
First offense would be a misdemeanor. Any subsequent offense would be a felony.
For more information, visit my website at www.LevinLawyerGa.com
Q: How do you go about putting a biological father on child support? Who has not legitimized but is on the certificate
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Ellaretha Coleman's answer
You can obtain a child support order either through opening a case with the child support recovery agency or by filing a paternity action in superior court. Until the father legitimizes the child, he has no rights to custody or visitation. However, once a legitimation action is filed, the father can petition the court in the same action for primary physical custody.
You can obtain a child support order either through opening a case with the child support recovery agency or by filing a paternity action in superior court. Until the father legitimizes the child, he has no rights to custody or visitation. However, once a legitimation action is filed, the father can petition the court in the same action for primary physical custody.
Q: my sister-in-law illegally evicted me out of her house a week ago can I sue her
1 Answer
| Asked
in
Personal Injury, Landlord - Tenant and Small Claims
for
Georgia
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Peter Munsing's answer
If you had a lease and were paying rent, then contact an attorney who handles tenant's rights issues.
If you had a lease and were paying rent, then contact an attorney who handles tenant's rights issues.
Q: Can i start a lawsuit against a medicaid transportation company because a driver pulled and pointed a gun at me
Peter Munsing's answer
Contact a member of the Ga. Trial Lawyers Association. You should have reported it to the police.
Contact a member of the Ga. Trial Lawyers Association. You should have reported it to the police.
Q: Can I plead Nolo if I have already taken a defensive driving course?
Robbie Levin's answer
It is up to the Judge whether to accept a nolo plea. Taking a defensive driving class would have nothing to do with it.
For more info, check my website at www.LevinLawyerGa.com
It is up to the Judge whether to accept a nolo plea. Taking a defensive driving class would have nothing to do with it.
For more info, check my website at www.LevinLawyerGa.com
Q: My wife and I are not separated yet, and she is not letting me and my family see my son unsupervised, with no basis.
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
Georgia
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Regina Irene Edwards' answer
Both of you have equal rights to custody. However, you asserting that right is unlikely to produce results. Even if you took your child from daycare or a neutral location, then the police would be called and there would be unnecessary stress and tension. It's best to hire an attorney. The only way courts get involved in custody issues is if a divorce or separation case is pending.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since...
Both of you have equal rights to custody. However, you asserting that right is unlikely to produce results. Even if you took your child from daycare or a neutral location, then the police would be called and there would be unnecessary stress and tension. It's best to hire an attorney. The only way courts get involved in custody issues is if a divorce or separation case is pending.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since...
Q: I live in the state of Georgia and I am married. If I buy a house alone will my husband have a share when we get divorce
Robbie Levin's answer
Generally all property acquired during the marriage is considered marital property, and would be subject to equitable division.
For more info visit my website at www.LevinLawyerGa.com
Generally all property acquired during the marriage is considered marital property, and would be subject to equitable division.
For more info visit my website at www.LevinLawyerGa.com
Q: Is there a limit to the number of times a person can file for bankruptcy?
David Earl Phillips' answer
There is a time limit on the ability to receive a discharge of your debts in a bankruptcy case. It is 8 years from filing date to filing date in consecutive chapter 7 filings if you received a discharge in the first case.. The rules are different for chapter 13. So, you could file before the time runs but you would not be able to get a discharge of the debt, the main purpose of filing. See a bankruptcy lawyer in your area to determine your options. Hope it works out. Good luck!
There is a time limit on the ability to receive a discharge of your debts in a bankruptcy case. It is 8 years from filing date to filing date in consecutive chapter 7 filings if you received a discharge in the first case.. The rules are different for chapter 13. So, you could file before the time runs but you would not be able to get a discharge of the debt, the main purpose of filing. See a bankruptcy lawyer in your area to determine your options. Hope it works out. Good luck!
Q: My mother just passed away unexpectedly, and had no will. She just purchased a home 2 months ago
John W. Chambers Jr's answer
I am sorry to hear of your loss. If a person dies without a will, the person is said to die "intestate." The estate of a person who dies intestate is administered by an administrator. An administrator is appointed by the appropriate probate court after the filing of a petition for letters of administration. The administrator is required to administer the estate in accordance with applicable law. What administration of any particular estate entails depends on the facts and circumstances of...
I am sorry to hear of your loss. If a person dies without a will, the person is said to die "intestate." The estate of a person who dies intestate is administered by an administrator. An administrator is appointed by the appropriate probate court after the filing of a petition for letters of administration. The administrator is required to administer the estate in accordance with applicable law. What administration of any particular estate entails depends on the facts and circumstances of...
Q: Im a father paying child support and loves his child. The mother moved out of state, is there any regulation against it?
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Sep 13, 2017
Answered on Sep 13, 2017
Regina Irene Edwards' answer
If you are not married in Georgia, the mother retains all rights to custody and visitation. That includes her right to move without notice. Father who wish to have rights must file for legitimation and custody. That helps to prevent move aways without notice.
If you are not married in Georgia, the mother retains all rights to custody and visitation. That includes her right to move without notice. Father who wish to have rights must file for legitimation and custody. That helps to prevent move aways without notice.
Q: Father paying child support in Ga. Wanting to move to Florida.
Terrence H Thorgaard's answer
Actually, you should have asked this in Justia › Ask a Lawyer › Georgia. But no, I don't think you can be arrested, at least that quickly. Check with the Georgia child support agency.
Actually, you should have asked this in Justia › Ask a Lawyer › Georgia. But no, I don't think you can be arrested, at least that quickly. Check with the Georgia child support agency.
Q: My mother passed in July. She designated me as the beneficiary of a payable on death account, but she also owes car loan
Robert W. Hughes Jr.'s answer
It all depends entirely on the wording of the loan agreement. While the loan us an estate obligation, if your mother secured the loan with her accounts at the credit union, then it might be that the account is pledged as security for the loan. You might be able to demand repayment from estate if credit union takes your money.
It all depends entirely on the wording of the loan agreement. While the loan us an estate obligation, if your mother secured the loan with her accounts at the credit union, then it might be that the account is pledged as security for the loan. You might be able to demand repayment from estate if credit union takes your money.
Q: My brother died with small lot in GA. I'd like to do small estate probate filing. Please advise
Robert W. Hughes Jr.'s answer
There are no small estate administrations in Georgia. Transfer of real estate when you have primary administration opened in another state can be accomplished rather economically.
There are no small estate administrations in Georgia. Transfer of real estate when you have primary administration opened in another state can be accomplished rather economically.
Q: My husband is on child support for a child who has never been legitimized, is he obligated to pay for health insurance?
2 Answers
| Asked
in
Child Support, Family Law and Health Care Law
for
Georgia
on
Answered on Sep 12, 2017
Answered on Sep 12, 2017
Regina Irene Edwards' answer
Yes, he can be made to pay insurance irrespective of legitimation. Paternity and child support are separate from legitimation and visitation issues.
Yes, he can be made to pay insurance irrespective of legitimation. Paternity and child support are separate from legitimation and visitation issues.
Q: What are the sentencing guidelines in Georgia for felony theft by taking?
Patrick John McDonough's answer
If the item(s) stolen have a combined value of $500 or less, you will likely be facing a misdemeanor crime. However, if the combined value is more than $500, if you have shoplifted from three separate properties within one county within a period of seven days, or if this is not your first offense, you may be facing felony charges.
For more guidelines, please visit our website: http://atclawfirm.com/disproving-the-3-biggest-myths-about-shoplifting-in-georgia/
If the item(s) stolen have a combined value of $500 or less, you will likely be facing a misdemeanor crime. However, if the combined value is more than $500, if you have shoplifted from three separate properties within one county within a period of seven days, or if this is not your first offense, you may be facing felony charges.
For more guidelines, please visit our website: http://atclawfirm.com/disproving-the-3-biggest-myths-about-shoplifting-in-georgia/
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