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Angela Mary Kinley
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Angela Kinley’s Answers

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  • I want to file for divorce but I am not sure what to do because my husband does not have a job

    I am married for almost 11 years with four children ages 3-9. Husband has not had a steady job since March so I support the house completely. when he does work for side money all he pays is his truck. He also has a pending felony charge that ne...

    Angela’s Answer

    Your question is far too complicated to answer in this forum. Some attorneys offer a free consultation and others charge a small fee. It is well worth your time, and money, to sit down with an experienced family law attorney and go over the details of your situation and best course of action.

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  • Can you file for Step -parent adoption if the biological parent is in another state? The child is soon to be 15 y/o.

    custody agreement in place in Florida. Minor child does not wish to return to FL and has lived with mother in GA. Step-father wishes to adopt. According to GA Statue the requirements for abandonment have been met.

    Angela’s Answer

    Yes, the adoption would be filed in the county where the petitioner (step-father) resides. Service would need to be perfected on the biological father in Florida but the case would be heard in Georgia.

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  • Is there anything I can do to get my child support debt deducted to a reasonable amount

    I have been out of work for 3yrs now but I have constantly been in my childs life and my father gives the mother of my child money almost weekly and also purchased her a car I don't mind paying my child support but I need a reasonable number and a...

    Angela’s Answer

    It sounds like you need to file a modification of child support and seek an arrearage order regarding the back child support. The court needs to determine how much has been paid, what is actually owed and then order a reasonable repayment plan. In addition, if your income has changed and you have qualified children who were not listed on the original child support worksheet, the court can modify your child support to reflect your current income and circumstances. I would strongly suggest retaining an attorney to assist you to ensure that the issues are properly presented to the court, including issues of payments and qualified children, and that the final order reflects the appropriate language to assist with reinstating your license.

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  • Have my rights been violated? What should I do next?

    I have a child born out of wedlock that I recently legitimized.The child lived with me and I supported him solely for the first 22 months of his life. We separated due to domestic violence (me being the victim). His mother disappeared with him aft...

    Angela’s Answer

    You need to retain and attorney immediately. You may have some options to try to get the case revisited. You have to act very quickly though because the court only has so much time to reconsider orders.

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  • Is the amount that could be earned by non custodial parent considered in child support when said parent has chosen to quit work?

    The non custodial parent quits job and wants child support lowered. Does ga consider how.much the parent "could" be earning when deciding child support? Do they also take into consideration how much time children spend with each parent?

    Angela’s Answer

    Child support is based on several factors. A decviatuon for parenting time is in the discretion of the trial judge and although available, is rarely granted. Imputed income based on previous employment depends on several factors as well, including why the parent is not working. If the parent voluntarily left employment, the court may impute the former income. If the job was lost for some other reason, the court will likely impute an income that could be reasonably obtained, or minimum wage. You need to retain an attorney if you plan to argue either of these issues in a child support case as they are both complicated legal arguments that you likely would not know how to make on your own.

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  • Can I take him back to court and get the full amount of child support for 3 children that's allowed?

    I was divorced in march of 2014. Now my ex husband does the bare minimum, he will only see the children 5 days total a month, no phone call, ignores all my phone calls and texts except during the time he has them. During our divorce I was lenient ...

    Angela’s Answer

    It is possible that you could argue that a change in circumstance has occurred because he has not held up his end of the bargain regarding the child support. An attorney would need to review your final order from the divorce along with any child support addendum to determine if you have a strong case. I would recommend consulting with a local family law attorney who can advise you on the chances of successfully modifying your child support.

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  • How is non-custodial child support calculated if they are unemployed and their new spouse is employed? Just her income or both?

    non-custodial parent quit her job and wants to adjust child support claiming zero income. Does her new spouses income play a factor at all (he makes a very good salary) or is it just hers alone?

    Angela’s Answer

    Most courts impute minimum wage to an unemployed parent. Typically, spouse's income is not a factor.

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  • Is the lake property my husband purchased 3 years prior to our 21 year marriage considered community property in a divorce? TU

    I have tried many things to resolve our issues. My husband has said he wants out and taken off his wedding ring. We have no children together. He is not even speaking to me at this point. We have always kept our money separate. The only prope...

    Angela’s Answer

    Whether the lake property is marital property depends on several factors, all of which are too complicated to explain or discuss in a forum like this. You may have a claim to the equity but you need to talk to an attorney ASAP!

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  • I didn't file an answer to my wifes petition for divorce, It was filed about 36 days ago. What can I do? the time slipped away

    My wife filed in June and I received the papers on the 1st of July. I thought I has until our court date to respond, which is 9-8-14. Am I totally screwed or is there something that I can do? What can I do?

    Angela’s Answer

    • Selected as best answer

    You can still file an answer. There is no default judgment in divorce, like in civil matters. I would suggest contacting an attorney to assist you in filing the answer and any other necessary documents and representing you at the hearing. If you don't file anything, the case will be heard as an uncontested divorce at the first hearing and then you will be in a bad situation.

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  • I was granted legitimation through the courts. my 14 year old child wants to live with me, the mother disagrees. what to do?

    She has lived with my mother for 7 + years and has only lived with her mother for 3 years. In those 3 years her grades and attendance at school dropped. She has witnessed several disrespectful things of her mother with men and drugs. She is a...

    Angela’s Answer

    If you are the legal father through legitimation, you can file a petition for change of custody and the child can sign an affidavit of election in favor of you. The case would need to be filed in the county where the mother resides. The issues you mention in your post would all be relevant and admissible in a custody case. The Court would likely follow the request of the child, by way of the affidavit of election, if you are a fit and proper parent to have custody. The Court would also modify child support to reflect you as the primary physical custodian and the mother as the paying party. I would recommend hiring an attorney who handles family law matters to assist you with your case, as it will be a lot more difficult than it sounds in my answer.

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