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Georgia Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: If the police issued a warrant against somebody for violating a tpo which is false can I still go the court and try get

The tpo dropped if they drop it will that drop the warrant

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

The answer is, it depends. More information is needed before an accurate answer can be provided. Was the TPO granted ex parte? Has there been a hearing granting the TPO? It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact...
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1 Answer | Asked in Criminal Law for Georgia on
Q: What is the best/worse case scenario for a person who has no prior conviction whatsoever?

Has followed all rules and regulations set forth by the judge upon being released on bond.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

Before an answer can be provided, more information is needed about your case. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Child Support for Georgia on
Q: My husband is the custodial parent & has been for the last 4 years. The mother does absolutely nothing for their child

We live in Dekalb and she lives in Clayton. He went to child support court today only to be told that they have no idea if she was served! How can he get this done correctly, and know she was served? Can he file in Dekalb? They were never married. Thank you.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 28, 2020

It is easier and faster to pay a private attorney to obtain child support.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: I sold a house in Georgia for a loss. What is the tax implication? Do I have to file? I am not a resident of Georgia.

The house was my primary residence until I moved out of Georgia over 10 years ago. Unfortunately, the house fell into disrepair, so I sold it for a loss of about $30,000.

What are my tax implications? Do I even need to file in Georgia (given that it's a loss)? I'm only asking about my... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 28, 2020

No income on sale due to the loss, no deduction on loss since it's personal property.

You should file a non-resident return just in case the state has a copy of the 1099-S.

If they do and you don't file they'll send you a bill for tax on the gross sales proceeds.

Kind of...
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1 Answer | Asked in Admiralty / Maritime and Tax Law for Georgia on
Q: I’m a resident of GA but work on a cruise ship full time (8 months of the year). Do I need to pay GA taxes?

They automatically take out federal taxes but since it’s office is based in Miami, they don’t take out any income tax.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 28, 2020

Yes, your resident state will tax all your income worldwide.

Obviously you can still take foreign exclusionary or credits as allowed, but you will need to file a GA return and calculate tax owed.

I would contact HR and find out why tax is not being taken out and sent to GA....
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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Georgia on
Q: In GA, why is custody interference considered a civil issue when the statute clearly states otherwise?

I'm in Forsyth County and this ongoing issue and the sherriffs dept not enforcing our parenting plan, has led to severe damage to our child, alienation from me, emotional, psychological and more legal and financial strain and abuse (control) due to me filing contempt. He suesxme for custody. Now I... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 28, 2020

Whether an officer elects to file a charge for criminal interference with custody is unfortunately a case by case decision. Another option that you have is to file a warrant application for the interference, which will put that decision before a judge to determine whether there is probable cause... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: can I agree to pay child support through a notarized paper without a judge? Can the other parent take me to court later?

We have physical custody of my step son, but lately all he wants is to go back with his mom. She agrees to give us custody only if she pays $200 a month for child support, if he goes back to her, can we have a paper notarized saying that we agree to pay $200 a month for child support without going... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 28, 2020

The notarized paperwork has no affect. You can obtain a custody order that contains the terms of your agreement.v You should consult an attorney about how to best do that.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How can I start the process of signing rights away when both (l) custodial mother and absent father agree?

He has never been active in childs life, and does not want to be. There was a positive paternity test from dfcs, but he never acknowledged it. How can we get his rights signed over so my partner can eventually adopt my child? Never married, no child support involved.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 28, 2020

You will likely need to be moving forward with the step-parent adoption process for a judge to sign off on the voluntary termination of rights. Most judges will not sign off on the voluntary termination without a substitute parent to step in. You should consult with an attorney to discuss your... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Georgia on
Q: Landlord sued me for breaking lease due to black mold in residence.

He was awarded only a small amount of what he was asking in court, I sent him checks monthly paying what I could, he never cashed them. He has now ordered my wages to be garnished. How much is he allowed from each pay period?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

It is best to contact an attorney who can go over the specifics of your case. Without more information, it is difficult to provide you with an accurate answer.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Immigration Law for Georgia on
Q: Is it possible to switch from TN-visa to H1-B with the employer filing for an I-140 and porting past Priority Date?

I had an approved I-140 from a past US employer. Now when my PD is close to becoming current, I want to explore the possibility of switching to H1-B and porting the PD

Allen C. Ladd
Allen C. Ladd answered on Jan 28, 2020

The I-140 must have ben approved at least 180 days ago in order to port the priority date. The new employer must go through the entire EB process of course before you can adjust, even though the PD may be current.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: what can i do as a victim of fraud?

Last week my bank called to inform me of suspicious activity going on with my account (BBT). They told me that the person had attempted to, and succeeded, in entering my account via mobile device somewhere overseas. I was directed to change my account information and go into my nearest bank as soon... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

At this point, it is best to file a formal complaint with your bank. Do you have any documentation from the bank when they alerted you of any suspicious activity? Secondly, the bank should be able to determine where the funds came from and when the funds were withdrawn. If you did not withdraw ANY... Read more »

1 Answer | Asked in Bankruptcy and Employment Law for Georgia on
Q: I received an notice of chapter 11 bankruptcy filing from my former employer does that mean I’m considered a creditor

My former employer is The Krystal Company who filed on 1/19/20 and they still owe me money from where I worked a week in the hole. Am I considered a Creditor in their case because I received a notice of the bankruptcy filing

Timothy Denison
Timothy Denison answered on Jan 27, 2020

Yes. You are a creditor and you should file a priority proof of claim with the court because you will likely get most of your money.

2 Answers | Asked in Family Law for Georgia on
Q: How do I get these charges gone and our family together again?

Me and my husband got in an argument on Friday and it got a little out of hand and the police were called and they took him to jail for child cruelty and family violence for arguing in front of our kids. He is not a bad man at all weve been under a lot of stress and hes been so worried about losing... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 27, 2020

Sorry to hear about the problems. You may not have the ability to make the charges go away. It really depends on the facts of the case. You should consult with an attorney who can review the facts of the case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Family Law for Georgia on
Q: if i was in a safe environment could i move out at 17 without being emancipated? or would the cops make me return home?
Homer P Jordan IV
Homer P Jordan IV answered on Jan 27, 2020

Until you are 18 you will have to stay living where your parent or guardian says you will have to live. The police could make you return home if you are 17, not legally emancipated, and your parent/guardian wants you home. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My wife left Aug26/19 took our son to Florida now SC won’t let me see him blocks me I want to work it out what to do

I want to work it out but she says no if I talk about it she blocks me as punishment saying I’m harassing her she says I’m emotionally abusive but I want to be around my son but I don’t want a divorce cause it goes against my religious beliefs it does what can I do to see my son without a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 27, 2020

Unless you are willing to file for divorce or separation, there isn't anything legally anyone can do to help you resolve parenting time disputes.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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1 Answer | Asked in Criminal Law for Georgia on
Q: I have been accused of aggravated assault by my step daughter by chocking. I didn't and she will not be in court?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 26, 2020

It is best to contact an attorney who can assist you with the specifics of your case as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Child Custody for Georgia on
Q: In Ga, how do I stop child support being taken from my paycheck from enforcement once my child turns 18 and graduates?

Currently my child support is drafted from my paycheck and taken by child support enforcement. My son will graduate in May and turn 18 in July. I just need to know if there is a form I need to file with the court or if it automatically stops. Again, we are in Ga.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 26, 2020

It is highly unlikely it will just stop in July. You need to consult with an attorney about your options.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

1 Answer | Asked in Criminal Law for Georgia on
Q: What should I do for a pending court date for a misdemeanor charge of weed in McDuffie co , Thomson Ga
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 25, 2020

It is best to contact an attorney as soon as possible who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240–0922.

1 Answer | Asked in Employment Law, Insurance Defense, Personal Injury and Constitutional Law for Georgia on
Q: How do I get my employer to complete part on a form, send to the Long term disability insurance comp? trying for 3 mths

The ins. can't process my claim without it. Been out of work since April 2019 for a disability.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2020

Your post remains open for two weeks. At this point, you could contact Georgia employment law attorneys you find on this site, or through your own independent searches, and discuss the matter in confidence with them. Based on these brief facts, it's anyone's guess why the form has been delayed for... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If a violation occurs but the person attends court for that violation and actions will they release them

They have been In no trouble for over 90 days then had a iccident but went to court for it and they sus his license and gave comm service then was arrested for probation violation

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 24, 2020

The answer is, it depends. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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