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Georgia Family Law Questions & Answers
2 Answers | Asked in Family Law for Georgia on
Q: Hello, back in 2011 my ex was required to give me half of his railroad retirement. He never did. Can I sue him now

His company closed down and they gave him the option to take early retirement or quite or draw unemployment. He chose to retire and recieve all his benefits. He could not get the RR Retirement without my signature, which was forged. This occurred a year before our divorce. My attorney said the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 6, 2023

You should speak directly with an attorney who can provide a more accurate answer to this question. Because we do not know if he was required to provide you with a distribution in 2011, or upon retirement, or at a certain date. We also don't know what the order specifically says regarding... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Who is responsible for child support?

My brother had a relationship with a woman who is still married, but separated. She became pregnant. Said child is now two years old. The mother is trying to go after my brother for child support. Given that she is still legally married to someone else, who is legally responsible for paying child... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 31, 2023

If the mother believes your brother is the father she can open up a case with the Division of Child Support Services or hire a private attorney and file an action for paternity. The husband of the mother is presumed to be the father, however that presumption is rebuttable. And if your brother,... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: I am looking for a family lawyer for child support services and child custody. I need a free consultation on my case.

My ex husband has custody of our daughter, 2 years old, uses her as a pawn against me. When things are going good with them, I can see her, but when I do something they don't like or agree with them I am not allowed to see her. I need help! I have a court date in May coming up and can't... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 31, 2023

If you can't afford to pay for an attorney I'm not sure how we can assist you here. We can't give you a step by step guide of how to represent yourself. I would suggest using your credit, obtaining a loan, asking family & friends, and doing what you can to gather the funds to... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: If i went to court and got custody back of my daughter. Then why after almost 3 years are my lic. Suspended?

I have gotten 4 different stories from 4 different people at the child support office. I just don't understand I get that they say that it's a rear's but how did they let me go for almost 3 years if I was supposed? To be paying this.

Dinner case get reopened or something. I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 30, 2023

Arrears do not disappear, even if you gain physical custody. Because arrears are past due payments, not current child support. Now if you obtained physical custody through a court order, then your child support order for future payments should have been dismissed. If you simply took physical... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: We are in Georgia. My fiancé found out about his 6 year old son a year ago. He’s paying child support due to paternity

Confirm he was however this child is named after another man who signed the birth certificate. Is he legally responsible if someone else acknowledged the child and signed the birth certificate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 28, 2023

If he is the father he is legally responsible regardless of who signed the birth certificate and even if the child was named after another man. The other man didn't accept responsibility for that child for the next 18 years simply because he signed the birth certificate, if it's not his... View More

2 Answers | Asked in Family Law and Divorce for Georgia on
Q: Can I separate from my husband to another state without a legal document in place?

No children under 18, prior physical abuse, current verbal, financial and mental abuse. Can I leave without a document in place to another state and file for divorce there after establishing residency?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 27, 2023

Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce... View More

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1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Georgia on
Q: Should i get the Temporary custody order before my spouse did? Is child support needed during this time to gain more adv

I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.

Alex M. Brown
Alex M. Brown
answered on Mar 26, 2023

It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My child support order is from Pennsylvania 2001 can Georgia charge interest on an out of state order when PA does not .

PA child support order 2001 . Georgia resident 2006

Out of state enforcement order Pennsylvania doesn't charge interest on rears but Georgia is charging me interest on my PA rears

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 25, 2023

If you cannot get answers through child support enforcement then you may need to hire an attorney. Oftentimes it is difficult for a non-custodial parent to get answers from the Division of Child Support Services, but they are more receptive to attorneys who are representing you. Then your... View More

2 Answers | Asked in Family Law and Arbitration / Mediation Law for Georgia on
Q: Is it possible to have a second mediation after reaching and signing a mediation agreement?

Important issues were left out during mediation.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 25, 2023

It is unlikely the Court will order the parties to attend mediation again or that the opposing party will agree to mediate again. If there are issues that were not addressed, you can attempt to resolve those with the other side and come to an agreement. But having an attorney would have... View More

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1 Answer | Asked in Family Law, Estate Planning and Probate for Georgia on
Q: Is my nephew entitled to any of his biological father’s estate if he was adopted by his stepfather?

My nephew’s biological father passed away recently. His name was never on the birth certificate. My nephew was adopted by his stepfather at about the age of three. Does my nephew have any legal rights to any of his biological father’s estate. Also, is he responsible for any financial... View More

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be...
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1 Answer | Asked in Family Law and Probate for Georgia on
Q: My husband list his life in a police shootout. The police department said that I must show that I'm executor of estate

How do I or do I legally have to have executor of estate being his spouse and having his grown children verify

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

If he did not have a will, then Georgia law provides a specific order of priority for who can serve as the administrator of the estate. Typically, the surviving spouse has the first right to serve as the administrator, followed by any adult children.

To begin the process of being appointed...
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2 Answers | Asked in Family Law, Probate and Estate Planning for Georgia on
Q: My son's father, my ex husband died unexpectedly 1 week ago, he was married again and she has refused to inform my son o

Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid...
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1 Answer | Asked in Family Law for Georgia on
Q: My 10 year old is openly expressing that she does not want to have visitations with her father. What can I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 23, 2023

If a court has signed an order giving her father visitation, you will need to produce the child for that visitation, or you could be found in contempt of court. Only an order of the court modifying that will change your obligation to produce the child. Therefore, even if the child says they no... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What constitutes a week of summer visitation in Georgia? 5 days or 7 days? Does regular visitation count in that time?

Judge ordered 2 weeks non consecutive visitation during the summer. They already get alternating weekends as regular visitation.

Is the week visitation constitute 5 days (Mon - Fri)? Or is it 7 days (Mon - Sun)? And does it include the normal visitation or in addition to the normal visitation?

Regina Irene Edwards
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answered on Mar 21, 2023

A week is 7 days. It is in addition to the normal parenting time.

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1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Georgia on
Q: Can a 17 year old up and live with Dad? (In Georgia)

I’m a 17 year old who is not happy being with my mom, For months i am mentally not happy. I just want to stay with my dad after i get out of school for the summer May 24th 2023. Many arguments, i was starting to do poorly in school here at my moms when i used to be a student that would excel. I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

If you leave your mother to go and live with your father without a court order, your father would technically be kidnapping if he refused to produce you back to your mother. If you want to live with your father the proper way to go about that is for your father to either file to modify an existing... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I was married in South Carolina & would like to get a divorce but I have no idea where my spouse is, what do I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

You can file for divorce and use service by publication to properly serve your missing spouse. You will need to use his last known address for filing and service. I would suggest hiring an attorney to walk you through how to have someone served you cannot locate and where to properly file for... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is there a general Percentage a judge may award in Spousal Support? Wife believes she is entitled to half my monthly pay

In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other... View More

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1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can Cmplaint B filed if lawyer contacts person w/no-contact ordr against them, then calls cops days later & Reprts Cntct

I was dating lawyer. Broke up w/her, she trashed my house. Cops were called, she was chargd w/felony proprty damge. We got back togthr. To avoid losing license, she wrote a stmnt that got her out of trouble and put me in trouble. I ended up w/ false reprt of crime (1 yr probation, ankle monitr... View More

Regina Irene Edwards
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answered on Mar 20, 2023

You need to speak with a good criminal attorney. A bond condition is not a suggestion - no contact means no contact.

1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Q: I need assistance with a family dispute over real estate.

Hello,

I am looking for legal assistance to assist me in my efforts to dissolve a property I own with my daughter. We purchased the home on 9 September 2022. She and I were supposed to live there together but due to unforeseen circumstances we are not able to do-habitat.

The sale... View More

James Clifton
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James Clifton
answered on Mar 17, 2023

Legally, if you could not come to an agreement regarding buying out her ownership interest in the property, you would need to seek a partition, which would split the property. If the property could not be split equitably, the court would order a sale of the property. If you want to avoid that, you... View More

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