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Robert Len Jones

Robert Jones’s Answers

40 total

  • Separated spouse stole $50k in cash out of my locked truck in garage.She admitted to not living with me and that she stole the m

    she admitted to stealing. Is there anything I can do

    Robert’s Answer

    Unless you can show the court that the $50k was YOUR separate funds, she could well be entitled to an equitable portion of the funds anyway. This needs to be addressed at a temporary hearing for a divorce. You will need an attorney who routinely practices in Gwinnett County in divorce cases.

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  • How do i legally have my husband continue to pay mortgage while I have a protective restraining order keeping him from the home?

    We have been married 12 years, last night for the first time it got physical. The police came and he left. I am a stay at home mom but I feel unsafe with him in the home and will be getting a protective ro. My family doesn't live here and because ...

    Robert’s Answer

    TPO's (if granted) last for 12 months and are somewhat like a mini-divorce. Custody, visitation, child support and alimony can (and should ) be addressed by the judge who hears the domestic violence case. While the clerk of court must assist you with filing the Petition for Relief from Family Violence, the Clerk will NOT help you with the hearing or the details of the support that you and the children need. You really need to get your own attorney to assist you with this and appear with you at the hearing for the TPO. All these issues are routinely addressed by the Court for people in your situation but you really have more complication than you can handle on your own. Hire a family law attorney who practices routinely in your county of residence.

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  • Our attorney won't respond, what can we do?

    My husband's attorney will not respond to us. She was supposed to handle a part of my husbands case and we haven't been able to get in touch with her despite numerous attempts at text, call, and attempting to schedule appointments. What could we do?

    Robert’s Answer

    It is not clear whether you and your husband are getting a divorce. If so, your husband's attorney is not "our" attorney at all. Your husband needs to contact the attorney in writing and if there is no response within a reasonable amount of time, replace the attorney.

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  • Post divorce retrieval of personal property/Been out of marital home over 1YR/I live out of state

    I was awarded 90% of the furniture and my own personal property in the consent order. The Ex is being uncooperative with allowing me into the home to assess, pack, and load my items. He has been requested to NOT move, and/or pack anything as it l...

    Robert’s Answer

    These details should have been controlled by the Agreement/Order in the divorce. Contact your divorce attorney (or hire one if you did not have an attorney in the divorce) and get the attorney to file a contempt action with the court that granted the divorce. You should inspect everything that you are able to retrieve from the residence for damage that may have occurred while under your ex's control.

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  • I was wondering could I live with my wife who already had three kids before she met me. But we have two kids together also.

    I was charge with statutory rape in 1998. I met my wife in 2007 and she already had three kids when I met her. We lived together for 6 years. And we had kids through out that time. I was recently release from prison Oct 2014 and was told that I ha...

    Robert’s Answer

    This COULD depend on the conditions of your release in October, 2014 or it could be that you are considered to be a sex offender. This is really not a family law issue but is a criminal defense issue. I recommend that you stay away from your wife's house until you get all this resolved or you may be back in prison soon.

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  • Once a divorce is final, can I still stay on my husband's medical insurance? I called the Insurance company and they said the

    only way they would take me off is is he told them to. Also, we were married almost 20 years and I did not work, and my husband always kept ALL of our income tax refund money. He never gave me a penny of it. Can I ask for some of the money during ...

    Robert’s Answer

    The continuation of medical insurance in a divorce situation can be tricky. A lot depends on whether your spouse is providing the insurance through his job or if this is private insurance. This is just one of may issues that needs to be addressed in the divorce process. I strongly recommend that you at least consult with an attorney to get an answer to your questions. It sounds like you really need an attorney representing you in this matter though.

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  • My wife filed for divorce, with false information

    She stated partially in her reasons that i deserted them. I never deserted my family, but have recently moved once learning of the divorce. The filing was done as a publication, and as uncontested. can she come back later once the divorce is final...

    Robert’s Answer

    She may think that you deserted the family if she does not know where you are or how to contact you. Assuming that the divorce is final and was done through the Publication process, yes she can file a child support case against you once she knows how to have you served (where you are now). In a case where the defendant is "served" by Publication, child support cannot be addressed by the Court because there is no personal jurisdiction over you (the defendant). You must either be served or acknowledge service for any issue other than the divorce itself to be addressed. This can be a very complicated situation because division of property, allocation of debt, visitation and other important issues cannot be addressed if the defendant has not been served. I recommend that you contact an attorney to review all these issues right away.

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  • Where can i find a template or form to file a contempt motion for court ordered alimony that is not being paid. i am rep myself.

    the order is part of the divorce decree

    Robert’s Answer

    Generally, forms are not available for a Contempt action because the complaint needs to be very specific for each particular case. But, the information that Mr. Rice provided is very helpful and should give you a good idea of what you need to do.

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  • Can I file a small claims against my ex for reimbursement of childcare expenses rendered when he was non-complaint with plan?

    Filed Modification of child support (denied) filed contempt (denied). I should be reimbursed for having to pay childcare expenses when he was supposed to have her as agreed in the parenting plan.

    Robert’s Answer

    Your ex's visitation is a right, not an obligation. You cannot force your ex to visit with your child just be a baby sitter for you. That is probably why the modification and the contempt were denied. You are not going to prevail in a magistrate (small claims) court case either.

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  • My husband owes IRS $50,000. When we filed our taxes, we filed SEPARATELY. Are we both responsible or just him???

    We are divorcing and selling the home. There is a tax lien on property. We are splitting proceeds of sale; will IRS take their money "off the top" OR from his 1/2 of proceeds? In other words, am I on the hook for his tax debt? Again, we file...

    Robert’s Answer

    This is really an issue that needs to be addressed by a tax attorney. You do not mention whether there is a Settlement Agreement in the divorce yet. The Settlement Agreement should certainly address this situation too so make sure that your divorce attorney (if you have one) is aware of this issue. If you do not have an divorce attorney, at least confer with one to get the Settlement Agreement reviewed but confer with a tax attorney too.

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