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Rebecca Wyatt McLaws

Rebecca McLaws’s Answers

62 total


  • X- filed for our boys exemption, I've had sole custody for 13 years. in place is a recent court order that states I file for2011

    and she gets 2012. I know for a fact she did not file at all for 6 years. I have not let her know that I am aware of her crime. I have paper filed and do not want the children to get wind of the situation. All I want is 50/50 time and $0 child su...

    Rebecca’s Answer

    I must agree with my colleagues. You should speak with your attorney about your case.

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  • Do I need an attorney

    I was living in Michigan after my divorce a year later I moved to Georgia. I was getting child support at that time. After moving to Georgia the father filed contempt charges and I have to bring the child back to Michigan. His attorney told me i h...

    Rebecca’s Answer

    You need to speak with a lawyer and have the paperwork reviewed. I agree with a lot of the responses, but you should not beat yourself up over what you did five years ago. I am sure you did the best you could in a difficult situation.

    Please do not hesitate to contact me if you would like to schedule a consultation.

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  • I live in GA with my daughters-their father lives in FL and does not pay child support - also owes arrears. What can I do?

    My ex owes approx $65K in arrears for child support and still does not pay any child support. GA did take his GA drivers license but this does not affect him as he lives in FL. How can I go about enforcing the child support in a different state?...

    Rebecca’s Answer

    You have many options. If the Order entered in this State, then you can file the contempt here. Otherwise you have some creative options to try to collect against your ex-husband. For example, if you know where he was banking, then you could file a garnishment action. You can also notify the IRS that he is in arrrears and they will seize his tax refund, if he gets one, and send it to you.

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  • Can I file a motion for SERVICE BY PUBLICATION on a Contempt Application for Child Support?

    The non-custodial parent is avoiding the Sheriff's Department and the Private Process Server. This is costing me more money that I truly can not afford to dish out. The efforts have been made beyond what I expected from the Sheriff's Department an...

    Rebecca’s Answer

    No. You must personally serve the father. There are creative ways that you can try to collect the child support without going through the process of contempt. Have you considered garnishing his banking accounts? Or you could have the court issue a fi.fa. and if he has any property, then you can have the sheriff levy it. The sheriff would seize his property (so long as it is not encumbered by a creditor) and will sell it at auction. You have a lot of options to try to collect beyond a contempt action.

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  • Help

    is it easy to get an temporary custody changed? I got primary custody of my children but I would like more days. I have 21 days and my husband has 10 days. Is that being realistic? He has them thurs- Monday morning and every other wednesday. I t...

    Rebecca’s Answer

    Your question indicated that you want temporary custody changed. I am assuming that you are going through a divorce and operating under a Temporary Order. If that is correct, then you probably have an attorney and should address these concerns to him or her. If I am correct that you are operating under a temporary order, then the best thing you can do is to calendar and journal the difficulties so that you can show the court the problems with visitation. You also want to keep records relating to the children's schooling and how the visitation is impacting it.

    If you are not operating under a temporary order, then you have a higher legal standard to meet. You would have to show that the change is in the children's best interest. Absent a significant problem at school, you may not be able to meet the standard.

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  • Help

    is it easy to get an temporary custody changed? I got primary custody of my children but I would like more days. I have 21 days and my husband has 10 days. Is that being realistic? He has them thurs- Monday morning and every other wednesday. I t...

    Rebecca’s Answer

    Your question indicated that you want temporary custody changed. I am assuming that you are going through a divorce and operating under a Temporary Order. If that is correct, then you probably have an attorney and should address these concerns to him or her. If I am correct that you are operating under a temporary order, then the best thing you can do is to calendar and journal the difficulties so that you can show the court the problems with visitation. You also want to keep records relating to the children's schooling and how the visitation is impacting it.

    If you are not operating under a temporary order, then you have a higher legal standard to meet. You would have to show that the change is in the children's best interest. Absent a significant problem at school, you may not be able to meet the standard.

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  • My sister is incarcerated and asked me to obtain temporary custody of her five children. I live in Georgia how do I do that?

    She is in the Carroll County jail in Carrollton, Ga. I currently have the children and she told me obtain custody so it would be legal. I don't know what to do. I was told that it is against the law to use her food stamp card while incarcerated to...

    Rebecca’s Answer

    You can file for temporary guardianship in probate court so that you have legal custody of the children. Because your sister is consenting, an attorney can prepare documents for her to sign to make the process go smoothly and quickly. Once the temporary guardianship is in place, then you can apply for assistance on the children's behalf.

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  • Seeking Custody

    my son has has been living with me for over five months now, i do not have custody of him and would like to do so i am an american citizen and his mother is from another country here on a visiting visa but have left the country what rights do i h...

    Rebecca’s Answer

    I am assuming by your answer that you were not married to the child's mother. If not, you need to file a legitimation action so that you can legal rights to your son. In the same action, you can move the court for custody. You have two options to accomplish gaining legal custody and visitation. You should consult with an attorney about this process so that you can decide where to file and how to proceed quickly.

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  • I moved to georgia from washington DC about a year ago. My husband left me about three years ago while we lived in DC. He moved

    I moved to georgia from washington DC about a year ago. My husband left me about three years ago while we lived in DC. He moved out of state. I have not been able to locate him in three years. I want to get a divorce from him. What are my options ...

    Rebecca’s Answer

    I agree with the two previous posts. It is possible to get divorced here, but there may be a jurisdictional question that you will have to resolve for the court. This is not something you can do by yourself and really need an attorney. You can search the attorneys here or call the local bar association and ask for a referral.

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