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Tamar Oberman Faulhaber
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Tamar Faulhaber’s Answers

39 total

  • If I'm staying with my wife could she get child support?

    My wife has been getting child support and we stay together is it legal?

    Tamar’s Answer

    The answer is yes, the child support is legal until the order is modified. You should discuss your options with an attorney.

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  • In Georgia, what documentation is required to prevent a parent from moving out of state with a child?

    No divorce proceedings have begun but they are imminent. What legal action is required to prohibit the parent from taking the child out of state without the other parent's permission. Again, need to know what is needed since the parent is threa...

    Tamar’s Answer

    You may obtain an order restraining both you and your spouse from removing the child from the jurisdiction of the court immediately when you file for a divorce or separate maintenance action. It is called an Automatic Domestic Standing Order. Please consult with an attorney to see if either of these actions are appropriate under the circumstances.

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  • My husband keeps telling me that he will take away my daughter and get full custody of her because I have no job. Can he do that

    We been married 2 years I have neverbhad a job. I have a pkace for us to live. I just need to know if he can do that?

    Tamar’s Answer

    The judge will consider the best interests of the child, including who has primarily cared for the child, educated her, provided emotional support, taken her to the doctor, etc. In Fulton County, the judges typically assume that both parents are able to do all of the above and provide the opportunity for the parents to share joint physical custody. Because your marriage is relatively short, you may not receive sufficient alimony to pay for all of your expenses. It would be helpful to demonstrate what you are doing to find employment or educate yourself to increase your earning capacity. Unfortunately, stay at home moms can't always stay that way after a divorce. However, if you have been primarily responsible for your daughter, it is very unlikely that your husband could get "full" or sole custody unless there are some other issues such as drug or alcohol addiction, abuse, etc.

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  • In the state of Georgia, if you are married and the home is 100% in the wife's name, how much is the husband entitled to in case

    of divorce?

    Tamar’s Answer

    In the State of Georgia, the title does not determine ownership of real estate during a divorce. The contributions of the parties made towards the principal balance during the marriage and the reason why the home is titled a certain way also play a part. You should consult with an attorney to get a better idea regarding the husband's interest in the home.

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  • How do I go about annulment after 3 mo of marriage abc he relapsed on herione

    He had been clean for almost 3 years. Awesome person sober but then he began endangering me and my Childeren as he used pain pils daily (32 3 days). He left and would come back and now he strung out staying with friends. Would this be consider...

    Tamar’s Answer

    It may be too difficult to prove mental incapacity at the time of the marriage, because you would need an expert to testify regarding his mental state at that time, which sounds like he was sober. No fault divorce is much easier. You will need to have him personally served unless you cannot locate him and can prove all the different ways you tried.

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  • I been divorced for 3 years I have coustody of the baby I'm worried my ex want to bring his 18 years old son he is doing drugs

    What can I do my son is one other weekend whith him I'm worried he is and dangerous

    Tamar’s Answer

    • Selected as best answer

    Have you discussed the issue with your ex? It is his job to keep the baby safe. If the 18 year old has harmed the child or another child in the past, you may be able to modify the custody order. However, your ex may agree to keep drugs out of the home. Either way, you need to follow the custody order until it is modified by another order.

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  • My co-parent owes 50% of extraordinary expenses per our orders. His half = $5,000.00 and he won't pay. What do I do?

    Our parenting plan stipulates specific extraordinary expenses for which he is to contribute. He signed this agreement. Over the past 5 years, he has not contributed to the stipulated expenses under this category (e.g. $400.00 for driver's educat...

    Tamar’s Answer

    Yes. You have several options. First, as my colleague suggested, you may file a contempt action against him. He will be found in contempt of court if you can prove that he willfully disobeyed an order. Assuming that your parenting plan has been made an order of the court and you have provided him proof of the expenses, it will be his burden to show that his failure to pay was not willful, meaning that he does not have the ability to pay it. The court should issue a ruling establishing the dollar amount of the arrears and require him to purge the contempt by paying it. The Court could also put him in jail until he pays or if he still refuses to pay. Second, once you have a judgment for the arrears, you can garnish his wages, bank accounts, and assets. Seek advice of counsel regarding all of these procedures.

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  • I was recently in court on a child custody case in Georgia. The child was born in Indiana. Can i appeal the judgement?

    The child was adopted in Indiana by a same sex couple. I was granted visiting rights but she was granted full custody.

    Tamar’s Answer

    Yes, you may file an appeal in Georgia. Georgia now allows direct appeals from custody cases. However, insofar as the decision is within the sound discretion of the judge, it will be difficult to win. You will need to show an abuse of discretion or an evidentiary error. I recommend getting advice from an attorney who is familiar with the appellate practice as soon as possible.

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  • I am going to file for divorce. Should I include my spouse in a bankruptcy?

    I have been told it would allow us to both have a fresh start. Because of the troubles she has caused me and the kids; I would rather have her figure her own mess out. I am concerned about being responsible for the house if she gains custody of ...

    Tamar’s Answer

    It may be wise for you both to file so that she doesn't try to come after you for debts that you think are discharged. If you and she can't agree, it may help to have your lawyer talk to her lawyer and have you both consult a bankruptcy attorney. It is worth any consult fee.

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  • While attempting to reconcile, after learning of my husband's affair, we had sex. Can I still sue for adultery?

    A month after I found out about my husband's affair, I agreed to give our relationship a second try, . He even promised to go to marriage counseling, but eventually backed out. After a few tries at reconciliation, including having sex, he sudde...

    Tamar’s Answer

    It depends. If you had sex after discovering the adultery, then you "condoned" his relationship which means you could not sue for adultery. However, condonation implies a promise that he would not cheat again. If you can prove that he is cheating again, then there is no condonation, and your adultery claim would still be good. One reason why you would want to prove adultery is to prevent your husband from seeking alimony, because adultery is a bar to alimony. However, if that is not an issue, then consider just filing for a no-fault divorce.

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