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Kedra Gotel’s Answers

33 total

  • Do I have to pay child support?

    I have a child abandonment case that was dismissed with prejudice

    Kedra’s Answer

    You have an absolute obligation to pay child support once paternity has been established. If you are unemployed, send something! Your children need not only emotional support but financial support as well. An abandonment case is an action that can continuously arise after the other parent shows you have left the child in a deserted and dependent state for 30 days or more. You don't want to be in front of the magistrate every 45 days or so. I wish you the best.

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  • Need a divorce ASAP?

    My husband is currently incarcerated and has been for 5yrs now. Is it cheaper for him to file being in jail? If not, I need help on filing but cant afford a lawyer. We have no children together or assets to split.

    Kedra’s Answer

    Contact your clerk of superior court by following this link: http://www.whitfieldcountyga.com/coc/clerk.htm. Someone there should be able to assist you. I wish you the best.

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  • What extra form do I complete in addition to my child support modification application that shows I take care of four other kids

    I live in Georgia. My modification form only allows me to include my non-custodial child. I am currently on disability. I have four other children to raise as well. How do I show the Child Support Agency to not only include my one child, but the o...

    Kedra’s Answer

    Forms are "cookie cutter." They do not adequately address your individual circumstances. There are a number of factors which may be in your favor causing your portion of the child support obligation to be reduced. We call those factors deviations. A lawyer competent in the area of family law will be able to discuss with you any deviations you may be entitled to as well. Also depending on the type of government assistance you are currently receiving, your portion of the gross income may be reduced as well. I strongly encourage you to contact a qualified family attorney in your area to discuss your specific issues. Moreover, child support enforcement tends to provide assistance to the obligee-parent (the parent receiving child support). Take a trip to their office and discuss in detail your concern but remember they actually represent the interest of the child, in theory.

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  • I have one glitch when filing for a divorce Pro Se. Can anyone please explain how to correct that glitch?

    I am the noncustodial parent in an uncontested divorce. My application was rejected by the court because the presumptive amount of child support for the custodial parent does not agree with the amount on the child support order addendum. My cont...

    Kedra’s Answer

    You cannot list a $0 dollar amount for income on the child support worksheet. You must at least impute income at the minimum wage rate based upon a 40 hour work week. Our office offers "unbundled" services i.e. assist with review of documents for purposes of immediate court dates. Please visit our website and contact us at your earliest convenience.

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  • We in Atlanta GA ,Can my husband adopt my 3 Belizean children in Atlanta without their father consent?

    We have been married 1 year, I just brought my children here to Atlanta last month to live with us. Their father is not a part of their life and haven't been for 4 years, he is back in Belize. My husband would like to adopt them legally, he is a U...

    Kedra’s Answer

    It is likely a court could grant a step-parent adoption under the facts you have provided. If the parent has has significantly failed to communicate with children or provide care and support for a year or longer and cannot demonstrate why he has failed to satisfy these obligations the court may grant the adoption if in the children's best interest. Because the biological father is not in the United States your case could pose some procedural problems including service of process. You should consult a competent attorney in your area who can assist you and your new husband with the adoption.

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  • Divorced over 8 years ago we agreed to a amount she now has a full time job and I have a new baby is this a reason to modify

    So we agreed to amount back long time ago and since then my salary stayed same 50K she now makes good money 40 k I pay 1040.00 a month for one child can I get it modify due to her full time job and my new baby?

    Kedra’s Answer

    It depends. The settlement agreement may have a clause preventing a "downward modification" or rather you waiving right to seek a modification. If no such clause exists, the court could grant a downward modification but a modification is always in the court's discretion. A new baby is what the court considers a "voluntary debt you chose to incur." New babies are not a ground for receiving a downward modification of child support.

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  • Can I be thrown in jail for not forcing my daughter to get out of the car to go with her father?

    Always told you get to see daddy. She decided 1 weekend she wasn't going. Her dad had told her if she wanted to go back home then she could, and then he wouldn't take her or even let her call. She calls at 2 and 3 in the morning crying wanting ...

    Kedra’s Answer

    I would like to know more about the child's age, any special needs, etc to answer this question thoroughly. Perhaps you should seek a modification of child custody or visitation after you and the father have taken time to discuss any issues, direct or indirect, which may be contributing to your child's seemingly emotional outbursts. If you know the father is prone to yelling then there may be some validity to your child's outcry. But I encourage you to try and discuss the matter with the father before seeking court intervention,

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  • Hello I am trying to file a divorce. My husband and I have one child together and I doubt he will waive his rights as a father?

    He was very abusive and never believed the child was his. I want a simple divorce and wanted to know if his denial of the child and abuse can and will play a factor in this divorce

    Kedra’s Answer

    First, I am very sorry that you and your child had to experience such abuse during your marriage. The facts you have provided, however, do not create a scenario of an uncontested divorce. Uncontested divorces can be characterized as "simple divorces" where there are no assets, no debts and no children. Because you have alleged instances of abuse, it is very unlikely that you will agree on much. Therefore, you should seek the assistance of a competent attorney in your area who can give you sound legal advice.

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  • Can grandparents sue for visitation in Georgia when both parents are married and living with the children?

    Both parents are married and living with their children. The grandmother and step grandfather are attempting to sue for visitation rights. Do they have any legal standing in Georgia? Both grandmother and step grandfather live out of state and hav...

    Kedra’s Answer

    I agree with my colleagues. I will also add that the step grandfather does not seem to have any legal rights despite his marital status. The code defines "grandparent" as the "parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated."

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  • Does the courts recognize a legal separation prepared, signed by both parties and notarized by law personnel in the military?

    A couple signed and agreed to a legal separation while the husband was stationed in Germany in the military. Does the legal separation have to be signed by a judge to be binding or is it binding when signed by both parties and notarized by the la...

    Kedra’s Answer

    Separate maintenance is the correct term as recognized in Georgia. Simply put, when spouses decide to separate for a period of time, the court will order some form of "maintenance" in the form of child support, alimony, etc. So the same remedies may be awarded as if a divorce was granted. A court must issue its own order before enforcement and collection (of support) can take place. The parties are at liberty to draft their own agreement but the court must still approve the agreement in the form of issuing an order recognizing the private agreement.

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