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?

1 Answer | Asked in Child Support for Georgia on
Answered on Sep 19, 2017

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
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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

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
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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?

1 Answer | Asked in Child Custody for Georgia on
Answered on Sep 19, 2017

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
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Q: I called the jail about my brother and they said his charge is battery and is a felony under family violence act?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Sep 19, 2017

First offense would be a misdemeanor. Any subsequent offense would be a felony.

For more information, visit my website at www.LevinLawyerGa.com
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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

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.
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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

If you had a lease and were paying rent, then contact an attorney who handles tenant's rights issues.
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Q: Can i start a lawsuit against a medicaid transportation company because a driver pulled and pointed a gun at me

1 Answer | Asked in Civil Litigation and Personal Injury for Georgia on
Answered on Sep 18, 2017

Contact a member of the Ga. Trial Lawyers Association. You should have reported it to the police.
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Q: Can I plead Nolo if I have already taken a defensive driving course?

1 Answer | Asked in Criminal Law and Insurance Defense for Georgia on
Answered on Sep 17, 2017

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
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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

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...
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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

1 Answer | Asked in Divorce for Georgia on
Answered on Sep 15, 2017

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
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Q: Is there a limit to the number of times a person can file for bankruptcy?

2 Answers | Asked in Bankruptcy for Georgia on
Answered on Sep 15, 2017

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!
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Q: Does my ex have to include her child support of $600 for another child when applying for child support against me in GA

1 Answer | Asked in Child Support for Georgia on
Answered on Sep 15, 2017
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Q: My mother just passed away unexpectedly, and had no will. She just purchased a home 2 months ago

1 Answer | Asked in Probate for Georgia on
Answered on Sep 14, 2017

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...
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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

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.
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Q: Father paying child support in Ga. Wanting to move to Florida.

1 Answer | Asked in Child Support for Georgia on
Answered on Sep 13, 2017

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.
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Q: Can a man be obligated to pay child support if he is not married to the mother & the child does not carry his last name?

1 Answer | Asked in Child Support for Georgia on
Answered on Sep 13, 2017
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Q: My mother passed in July. She designated me as the beneficiary of a payable on death account, but she also owes car loan

2 Answers | Asked in Estate Planning for Georgia on
Answered on Sep 13, 2017

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.
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Q: My brother died with small lot in GA. I'd like to do small estate probate filing. Please advise

1 Answer | Asked in Probate for Georgia on
Answered on Sep 13, 2017

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.
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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

Yes, he can be made to pay insurance irrespective of legitimation. Paternity and child support are separate from legitimation and visitation issues.
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Q: What are the sentencing guidelines in Georgia for felony theft by taking?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Sep 12, 2017

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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