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Melanie Ann Brubaker's Answers
Contributor Level 12
- 205 Legal Answers
- 1 Legal Guide
4
Attorney answers:
What is the date of divorce decree?
I disagree with Attorney Browd. The date of your divorce is the date the clerk stamped and filed the decree signed by the judge. Thank-you, Melanie Brubaker
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2
Attorney answers:
Who keep the house?
I would need more information from you before I could provide you with an intelligible response. For instance, is there any equity in the house to divide? If so, would one of you be able to buy out the other person's share? Is the mortgage in both of your names? Can the person staying in the house qualify with a lender in order to remove the other person's name from the mortgage? A quit claim deed does not remove names from a mortgage. Or, is it better to sell the house and divide the...
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3
Attorney answers:
My "wife" and I have a 10 year old son. We are on the verge of a divorce. Can she just pack up and move to MISS with our son?
I will build on the previous responses to your questions. When it comes to custody, the legal presumption is that both parents have equal rights to their child and the test is "what is in the best interests of the child?". From what you are saying, all of your child's special needs providers are in Georgia and your son has always resided in Georgia, attends school in Georgia, etc. Is it in your child's best interest to be uprooted from his home, his friends, his dad, his special needs...
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2
Attorney answers:
Father of 2 children, 7 and 5, leaves the house because he wants a seperation from wife. What are his legal obligations?
Attorney Anderson is correct that both parents are responsible for the care and support of their children and on a temporary basis, Father can support the children by paying the mortgage thereby providing the children with shelter and continuity (the children are able to stay in their home for the time-being). What about the health care----who is providing the health insurance policy for the children and how are the parents dividing any uncovered medical expenses? I have more questions but I...
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3
Attorney answers:
Can our house be put for sale even if my spouse don't want to?
You and your Wife will undergo many changes due to your divorce or separation including the status of the marital home. If at the end of the divorce/separation process, you and your Wife still have not agreed about the status of the marital home, a hearing will be held and a judge will decide. You and your wife can also participate in a mediation with a trained mediator concerning the house. Since I do not know all of your facts and personal situation, such as, do you have any minor...
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2
Attorney answers:
Is it legal to be married and have a live in boyfriend in ga and have kids in the Home? If it is who made that legal.
The parent with the live-in-boyfriend may not be the best parent for primary custody of the children if this living arrangement is not in the best interests of the children. I really need more information from you especially if you are the other parent and are seeking custody and/or a divorce. If you want to discuss this in more depth and find out your rights, I provide a free legal consultation. Thank-you, Melanie Brubaker
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2
Attorney answers:
Can a custodial parent block calls on the childs cell phone from the noncustodial parent (who pays child support), the child cal
Are there any court documents addressing parenting time especially about telephone time? Are there any provisions that Mom can monitor the phone calls? Only a judge can put Dad on "probation" concerning his parenting time. If Mom has a genuine issue about the telephone calls between Dad and daughter, Mom needs to file a Modification of the Parenting Plan. Dad may have grounds to file a citation for contempt against Mom if she is denying him access to their daughter in violation of any...
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4
Attorney answers:
Can I get the house out of my divorce?
Do you want the house? Can you afford the house? Is the house upside-down (owe more than its fair market value)? As for determining child support, your income may also be imputed at minimum wage vs -0- or your ability to earn. To get a better idea of what is realistic in the division of property, alimony, parenting time, child custody, child support, etc., it's time for you to have a confidential consultation with an experienced family law attorney as you will face many difficult decisions...
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2
Attorney answers:
What are my options to changing a divorce decree? My friend will be unable to pay the agreed upon child support & house note.
Your friend should consult with an attorney to discuss his legal rights concerning his change in income and his legal obligations pursuant to his divorce decree. Changing the amount of child support is known as an upward or downward modification of child support. There are several ways to approach a modification, either by agreement or through court hearings. Your friend must be prepared to prove with written evidence that he does not have the ability to earn what he presently earns. Is...
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3
Attorney answers:
Can he get alimony and claim part of my savings, Roth IRA, 401K? What to do about the house?
I understand your concerns in wanting to know about marital property that is subject to an equitable division in a Georgia divorce. Identifying and dividing marital property is fact specific and I would need more information from you in order to give you valuable insight. Dividing marital assets is best done with a scalpel rather than an axe. This means that your desires and wishes should be thoughtfully reviewed and discussed with you in order to arrive at a solution with which you are...
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