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My 6 year old's father has been in prison for 5 years, just got released from prison at the beginning of this year. We were never married, although our child has his last name, she has always been in my custody. I have very legitimate reasons to keep her away from him, due to his actions since... View More 
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answered on Nov 16, 2018
He will not automatically get visitation. You can file for child support if you wish. If he wants visitation, he has to file a separate case for that.
Thanks for the answers that I have received so far.
What I was looking for was more details for the response on the Custodial Parent.
I have now found out from other sources that Fulton County GA requires the Custodial Parent
to "eFile" their response to the Child... View More
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answered on Nov 15, 2018
This is an agency case. If you don't respond, they will grant the reduction. You need to consult with an attorney about your options, as time limits may apply.
Georgia: Can Custodial Parent be ordered to pay Lawyer fees for Non-Custodial Parent
at child support reduction hearing?
answered on Nov 14, 2018
Depends on the facts. Attorney's fees are only permitted in certain circumstances. Who has custody really has very little to do with it.
answered on Nov 12, 2018
Look at the lawyer directory on Justia and call around. People are not permitted to solicit business in this forum, so you aren't going to get any responses if that is what you are looking for. You need to do the legwork on your own to find someone who is licensed to practice in South Carolina.
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answered on Nov 10, 2018
If they aren't married, yes. The mother has all rights to the child.
My ex husband has been absent in our children's life about 2yrs. He has seen them only when his parents has them for holidays and get together. Our son asked if he could live with them this year so he can focus on school and himself. The year before his sister attempt suicide twice,... View More
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answered on Nov 10, 2018
You can't give your children to your parents with a Power of Attorney. If you want your parents to take custody, you will need a temporary guardianship, and your ex-husband will have to be served with the paperwork.
My ex's brother is a Criminal Defence Attorney. He works everyday, (for years) side by side, with the judge that handled our case. The outcome was completely falsified and injustice. I truley believe that this is due to conflict of interest. Do you agree that it is a possibility, and what can... View More
The court made a decision based on the pleadings. Neither party requested a judgment on the pleadings, nor was a hearing scheduled. There was no trial. A Motion to Dismiss was granted based on an issue that was not raised by the opposing party, therefore there was not an opportunity given to defend... View More
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answered on Nov 7, 2018
All Motions are to be decided without a hearing unless one is specifically requested, or it's a specific type of motion. If a Motion to Dismiss was filed, and there was no response, then the judge is entitled to grant the Motion and dismiss the case. Most times, it is possible to refile the... View More
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answered on Nov 5, 2018
No, it doesn't. Nothing happens automatically anyway. If either of you were to apply for a modification it is possible it could change based on current circumstances, but, even still, if she is voluntarily unemployed the court can impute her income to a level she is capable of earning.
Husband cared for home, and autistic child, while taking night time work when available to augment family income. But, does not have the education and work history to immediately support himself and pay bills.
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answered on Oct 31, 2018
Spousal support is not gender-specific, so there are times were a wife is ordered to pay a Husband child support.
he was almost 13, I have no problem paying the back child support, although between me an my family, I without a doubt dont owe him a dime. But I wasnt so smart about keeping receipts nor was my family members who mostly handed my ex cash and purchased all his clothing and groceries, never keeping... View More
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answered on Oct 29, 2018
Child support always goes to the parent, so the money will not go to your son. Also, your family members handing your ex cash and purchasing items do not count as child support.
He stated he only makes min wage. I know for a fact he makes over 5k a month. Please help
answered on Oct 28, 2018
If you have specific evidence that he is earning more than he claimed in the child support action, you may be able to either set aside the prior judgment or you may qualify for a modification action. You should consult with an attorney to discuss the specific facts of your case.
11 year old wants to move in with me due to emotional abuse at home but mom won't let her move unless I agree to take custody and keep paying her child support. If I agree to pay her child support to get the custody change, can I wait a month or two and then file for child support... View More
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answered on Oct 26, 2018
It is unlikely that you will be able to do it the way you want. If you do an informal custody change, and then ask for child support, she can just take the child back. You have to file for custody modification in court and child support will be dealt with at that time.
11 year old wants to live with us now due to emotional abuse at home. Her mom doesn't want her to move because she relies on my child support payments for her other kids. If I agree to not change the child support right now and we file it with the court, can I take her to court for child... View More
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answered on Oct 26, 2018
Yes, but that plan will backfire, because unless you have a custody order giving you custody, she can take the child right back. You need to discuss your case with an experienced attorney.
Is it 10 days, or within the same term?
answered on Oct 22, 2018
You should speak with an attorney to determine the correct motion and time frame based on the specific facts of your case.
Before I can get child support does he have to be legitimized
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answered on Oct 21, 2018
If he signed a paternity agreement, you can get child support. The legitimation process is up to him if he wants to file and completely separate from the child support process.
Went to mediation, but no agreement on contempt child support order of $3000. 46 days now and he hasn't filed an answer in court nor have I received an answer. Is this ground to file Default or does mediation exempt him from filing within the time frame?? Trying to figure out if I can go file... View More
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answered on Oct 20, 2018
You need to ask the court to set it for a hearing.
He is also in contempt due to arrears balance in CS and has never paid alimony although court ordered and 4 years behind. Do I need to file anything letting opposing council know that I have sent the discovery request for production of documents to the employer ? I don’t have to file anything... View More
answered on Oct 20, 2018
You can issue a third party request for documents or subpoena for documents to the employer.
I filed for child support in 2016. He had his income tax sent to my address to convince officials we are at the same address. He married me in February 2018 to stop support in November 2018.
answered on Oct 18, 2018
There are a number of factors that must be considered to answer your question. It is possible to obtain a child support order from a spouse, so marriage alone will not terminate an existing child support order. However, if the parties reside in the same household and the obligated parent provides... View More
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answered on Oct 18, 2018
Child support should be informed of your marriage. If parties are married, it is presumed that they are sharing in the expenses of the child.
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