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Patricia Ketch Buonodono's Answers

Patricia Ketch Buonodono
Marietta Juvenile Law Attorney.
Contributor Level 10

3

Attorney answers:

  1. Patricia Ketch Buonodono
  2. Lisa Ann Johnson
  3. Naomi T Stal

My sister confessed that my brother at one point had sexual intercourse with her more that one time, need advice on what to do?

Asked by a user in Douglasville, GA - almost 2 years ago.

I agree with both of the other responses posted. First and foremost, get your sister into counseling with a psychotherapist that deals specifically with children who have been sexually abused. I believe that if an abuser goes unpunished, that tells the child that it's not important to the people who are supposed to be protecting her. In the case of your sister, though, if criminal charges are brought against your brother, she will probably feel a great deal of guilt about that. This is...

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Attorney answers:

  1. Patricia Ketch Buonodono
  2. Christopher T. Anderson

Child support in GA

Asked by a user in Dalton, GA - almost 2 years ago.

If you are found to be the biological father of the child, you will be required to pay support based upon either your actual earnings. However, if the court feels you are not working enough to adequately support your child, it may "impute" income to you - that is, make a determination that you have the potential to earn a certain amount - and base child support on that. The income of the mother is also taken into consideration, as are both of your obligations to care for other children....

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3

Attorney answers:

  1. Patricia Ketch Buonodono
  2. Richard Scott Lawson
  3. Peter J Tomao

I violated felony probation over 10 yrs. Ago. Is that past statue of limitations? It took place in ga

Asked by a user in Atlanta, GA - almost 2 years ago.

The short answer is - probably not. If the probation officer filed a petition to revoke your probation, your service of time on probation was probably "tolled" - that means it stopped running and you may still have time to serve on your probation and there may still be an active warrant for a probation violation. I would check the county to see if there are any active warrants, first of all. Most counties now have online court records so you can see if there are any open probation revocation...

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1

Attorney answers:

  1. Patricia Ketch Buonodono

My husband has a child with a women whom he did not marry or does not have a legal order of who has custody.

Asked by a user in Macon, GA - about 3 years ago.

He can request that the order say he is allowed to claim the child on his taxes, but this is subject to IRS rules. If the mother tried to claim the child anyway, the IRS would make a determination as to who is providing the most support for a child, and may or may not use the percentages in the child support worksheets.

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2

Attorney answers:

  1. Patricia Ketch Buonodono
  2. Lee William Fitzpatrick

What happens if the mother of my children lists their step father as their father?

Asked by a user in Statesboro, GA - almost 2 years ago.

You have the right to file an action for contempt of court against the mother of your children. She is violating the court order that gives you joint legal custody. Chances are she is also trying to have her husband usurp your position as the father of your children, which is probably another, separate, violation of the court order. You should discuss this with an attorney at your earliest convenience and bring this behavior to a halt before she shuts you out of your children's lives.

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Attorney answers:

  1. Patricia Ketch Buonodono

Are my family and I considered tenants?

Asked by a user in Decatur, GA - almost 2 years ago.

If you are living somewhere without a lease, you are a tenant at will and the "landlord" must give you 60 days' written notice to vacate the premises. If your sister files an eviction action, you can tell the judge you had no lease but just an understanding that you would be allowed to stay as long as you needed so long as you contributed to expenses. If she puts your stuff out, call the police. They may or may not stop her. You may have legal recourse against her later for your damages,...

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Attorney answers:

  1. Patricia Ketch Buonodono

I am a non-relative family member on 1yr old who has live with me from birth. How do I go about getting custody?

Asked by a user in Augusta, GA - almost 2 years ago.

There are a number of ways you can seek custody of this child. You can either file a petition for deprivation in juvenile court, a petition for guardianship of a minor in probate court, or a custody petition in Superior Court in the county in which you live. You should definitely consult with an attorney to determine which of these options is best and most cost effective for you. The parents must receive notice regardless of which action you choose to pursue, and your attorney will know...

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Attorney answers:

  1. Patricia Ketch Buonodono

Change plea to first offenders in GA?

Asked by a user in Marietta, GA - over 2 years ago.

This would be very difficult to attempt and your chances of success would be very slim. If your attorney could get the district attorney to agree to it, and the judge was convinced that you were not advised of your rights under the First Offender Statute, you might have a chance, but it's been such a long time that you have likely waived any legal grounds that may have existed for you to petition for this relief. However, after the passage of some more time (depending on the length of your...

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Attorney answers:

  1. Patricia Ketch Buonodono

I am trying to come to an agreement on a debt but they said it would call for legal action.

Asked by a user in Hinesville, GA - over 2 years ago.

Your bank account can only be garnished if the creditor has a valid judgment through a court of law. Is this person an employee of the actual creditor, or a collector for a third party? You have certain rights against these third party collectors under the federal Fair Debt Collection Practices Act. If you are sued, you have the right to file a counterclaim for these violations. I am attaching a link for you. It explains the FDCPA, and was posted by the Federal Trade Commission. If...

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Attorney answers:

  1. Patricia Ketch Buonodono

Child Support enforcement

Asked by a user in Marietta, GA - over 3 years ago.

You can file a motion for contempt to enforce the child support order. Usually in support orders there is some requirement for the non-custodial parent to pay some portion of "out of pocket medical expenses." If this language is in your court order, and if you have provided him with copies of the bills and he has not paid those, he is in contempt of court for failure to do so. You may be entitled to an income deduction order which requires the employer to deduct child support from his pay...

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