Brad Elliott Macdonald’s Answers

Brad Elliott Macdonald

Marietta Divorce / Separation Lawyer.

Contributor Level 4
  1. In the state of Georgia is signing a Voluntary Acknowledgement of Paternity enough legitimize a child?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Brad Elliott Macdonald
    3. Samuel Solomon Bruner
    3 lawyer answers

    Excellent question. While there is a form you and the child's mother can execute to legitimize your relationship with your child, the best practice in my opinion is to then obtain a court order recognizing that Acknowledgment and judicially declaring you to be the legal father of the child. In addition, and as others have pointed out, being declared as the legal father does not give you custodial or visitation rights - it merely gives you standing to request them from the Court, in addition...

    3 lawyers agreed with this answer

  2. How many times can an ex spouse file a motion of contempt?

    Answered over 1 year ago.

    1. Adriana Arguelles de la Torriente
    2. Brad Elliott Macdonald
    3. Anthony M. Zezima
    4. Stuart Gregory Steingraber
    4 lawyer answers

    If your question is whether there is a way to prevent her from filing, the answer is: "NO." However, if your question is whether, or not, she can have you repeatedly held in contempt, then the answer is: "IT DEPENDS." The Court can hold you in contempt any time it determines that you have violated one of its orders. A good example of this is payment of child support or alimony, you could conceivably face a new contempt action every time a child support or alimony payment was missed. Of...

    3 lawyers agreed with this answer

  3. Can I sue ex spouse for belongings that I was to receive per court order?

    Answered over 1 year ago.

    1. Anneshia Miller Grant
    2. Torin D. Togut
    3. Brad Elliott Macdonald
    3 lawyer answers

    Obviously, the Protective Order is going to make things difficult under the circumstances, especially since you now reside out of state. If the items in question were awarded to you in the Settlement Agreement and/or Final Decree, then you may have remedies available to you, including a Motion for Contempt. That said, you are describing a fairly complex set of circumstances, and I STRONGLY recommend hiring an attorney to assist you, assuming you have not already done so. Furthermore, you...

    2 lawyers agreed with this answer

  4. Can an executed mediation agreement in Georgia be changed if husband is not abiding by the agreement?

    Answered over 1 year ago.

    1. Brad Elliott Macdonald
    2. Thomas Richelo
    3. David Alexander Browde
    3 lawyer answers

    First, the answer to your last question is YES, she can file a police report. Obviously, that would be something that is better done sooner, rather than later, to avoid the appearance of "manufacturing" evidence. Second, in Georgia a settlement agreement/parenting plan concerning custody and child support is ALWAYS subject to the approval of the trial judge - so, if circumstances warrant a rejection and/or revision of those terms by the Judge, the mediated agreement CAN be modified or set...

    2 lawyers agreed with this answer

  5. When i file taxes will child support take my childrens part also when i receive the refund?

    Answered over 1 year ago.

    1. Robert M. Gardner Jr.
    2. Brad Elliott Macdonald
    2 lawyer answers

    This really depends upon the amount of arrearage that is due. If the amount of arrearage exceeds the amount of the refund, then you will very likely have the entire amount confiscated. I would suggest contacting an attorney immediately in order to try to work out alternative payment arrangements, if it is even possible to do so at this point.

    1 lawyer agreed with this answer

  6. My soon to be ex husband has filed a contempt of tpo on me even though I have the tpo on him. His reasoning is that I keep him

    Answered over 1 year ago.

    1. David Michael Lawler
    2. Brad Elliott Macdonald
    3. Rachel Aliza Elovitz
    3 lawyer answers

    Aside from the issue concerning the admissibility of the recording, you may have an issue with each of you violating the Protective Order for having communications with one another unrelated to the visitation exchanges. You should DEFINITELY consult with an attorney (assuming you do not already have one) about this, because a violation of a Protective Order can have very harsh consequences.

    1 lawyer agreed with this answer

  7. Should I still have to pay child support if I care for my child 3 days out of the week?

    Answered over 1 year ago.

    1. Brad Elliott Macdonald
    2. Judith Delus
    2 lawyer answers

    Assuming that your divorce decree includes an award of child support, then YES, you need to continue paying support. However, it sounds like you may have sufficient grounds to warrant a downward modification of your support obligation. I strongly recommend that you contact an attorney (if you haven't already done so), because your likelihood of success will greatly depend upon your specific situation.

    1 person marked this answer as helpful

  8. Can my husband buy our marital home?

    Answered over 1 year ago.

    1. Brad Elliott Macdonald
    2. Glen Edward Ashman
    2 lawyer answers

    Unfortunately, this is a very complex situation you have described. Because it may be possible to manipulate the sale price of the residence (as you fear), you want to ensure that you have adequate safeguards built in to your settlement agreement, divorce decree, or temporary order. Since this is not a simple fix, I highly recommend hiring an experienced attorney, if you have not already done so.

  9. Seeking spousal support. or alimony for 10 years if a divorce is pursued by husband.

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Anthony M. Zezima
    3. Brad Elliott Macdonald
    3 lawyer answers

    It sounds as though you really need to hire an attorney and file either an action for divorce or for separate maintenance. Without one of those actions pending, a court does not have jurisdiction to force your Husband to pay you anything. I strongly encourage to you to meet with an attorney to discuss your options as soon as possible, because you cannot always get into court as quickly as you may like or need. The sooner you take action, the sooner you can seek relief.

  10. Is there any way for a family member (aunt) to intervene on a child custody case for sole custody in the state of Georgia?

    Answered over 1 year ago.

    1. Adriana Arguelles de la Torriente
    2. Brad Elliott Macdonald
    3. Frances Parker Quarles
    3 lawyer answers

    As an Aunt, you would be considered a "Specified Third Party" under the applicable statute for purposes of filing a petition for custody in superior court. So, the short answer is "YES" a remedy is available to you. However, the threshold for prevailing in a third party custody action is high, and it is critical to obtain representation from a knowledgeable attorney.

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