Eric Alvin Ballinger’s Answers

Eric Alvin Ballinger

Holly Springs Divorce / Separation Lawyer.

Contributor Level 11
  1. What states do not allow deadbeat parent to file for custody when he/she owes past due child support?

    Answered over 2 years ago.

    1. Eric Alvin Ballinger
    2. David A. Canale
    3. Paula Brown Sinclair
    3 lawyer answers

    While Georgia does not have any legislation that prevents a parent that is in arrears on child support, in my experience a judge will not give serious consideration to a parent who is asking for custody but does not pay child support. Raising children is a tough job and if that parent will not provide for the child financially then they cannot prove that they can take care of the child physically.

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. A fathers rights?

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    2. Ikemesit Amajak Eyo
    2 lawyer answers

    At this time, your "ex" is what is called a putitive father. While he has an obligation to support his child, he has no stadning to ask for rights of custody or visitation of the child until he take the steps to legitmate the child. He would have to petition a court to grant him legitmation. From there, a court can also grant him visitation or even custody of the child if it were appropriate. Until such time as a court grants him visitation, he has no right to see the child. The fahter...

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  3. When does my license suspension begin?

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    2. James Lawrence Yeargan Jr.
    3. Jack Ira Klein
    3 lawyer answers

    If the officer served you with notice of an adminstrative license suspension, your suspension begins thirty days from the date of your arrest. If you requested a hearing on the administrative license suspension and paid the $150.00 fee, then your license remains in effect until you receive notice of the decision of the administrative law judge on your case. If you were not given an administrative licesne suspension notice, then your licese will remain in effect until such time as you are...

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  4. My friend and three other individuals were charged with burglary, entering an abandoned factory but taking cooper from only

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    2. Lee William Fitzpatrick
    2 lawyer answers

    These accused need to be represented by a lawyer and petition for bond. Bond is a constitutional right and cannot be denied without good cause shown. Until that time, they need to exercise their right to remain silent. A lawyer can also address possible Eighth Amendment issues regarding cruel and unusual punishment, especially at the pre-trial detention stage.

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  5. How do I enforce a divorce decree that requires the other party to pay medical bills?

    Answered over 1 year ago.

    1. Eric Alvin Ballinger
    2. Glen Edward Ashman
    3. Marcy Ann Millard
    4. Hillary Johns
    5. Lloyd Wayne Patterson
    5 lawyer answers

    You would file a Motion for Contempt. You would need show the the Court bills, your payment and the notice where the bills were submitted to the other party. Normally the Court will require the non-paying party to reimburse your attorneys fees for brining the motion for contempt. You may contact my office for a consultation.

    2 lawyers agreed with this answer

  6. Does travel time count towards time served.

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    2. George F. Mccranie IV
    2 lawyer answers

    You will need to get some clarification from the Court on the issue and have your attorney argue for this. It should count since you are under the monitor and actively under sentence.

    1 lawyer agreed with this answer

  7. Spanking children

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    2. Lisa Michelle Harris
    3. Rachel Aliza Elovitz
    4. Todd Bruce Kotler
    4 lawyer answers

    Under Georgia law, parents are still permitted to use corporal punishment to discipline children. Without reading the specific language of your Parenting Plan, parents are generally permitted to use lawful means to maintain discipline during their respective parenting time. Of course, if you parenting plan provides other specific guidance, you would need to follow the terms of the plan as it has the effect of a Court order. While corporal punishment may be permitted under the law, experts...

    1 lawyer agreed with this answer

  8. Is $155.00 considered effective child support for 6 kids in Ga? Likelihood of him getting custody after leaving for 3rd time?

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    1 lawyer answer

    One hundred and fifty five dollars hardly seems reasonable for child support. Child support is based on an come sharing model and is dependent the income of both parents as well as other exposes that parent may be paying for the minor children. Child Support and Child Custody are not related issues and are not dependent on each other. You should contact a lawyer to discuss you case as soon as possible.

    1 person marked this answer as helpful

  9. What are the consequences if the wife refuses a court ordered paternity test in a Georgia divorce case ?

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    2. Danny Joseph Naggiar
    3. Patrick Dennis Deering
    3 lawyer answers

    The consequences are the same as if anyone failed to comply with any legally obtained court order. If the wife refuses to comply with the order for paternity testing, she could be found in contempt of court and ordered to go to jail if she fails to comply. If your attorney has been charged with drafting the order for paternity, the order should include provisions that the the wife how many days she has to provide the samples required for the testing so there is no room for interpretation.

    1 person marked this answer as helpful

  10. He was sentence on a trafficking charge for 23 pds. of marijuna, he was order to serve 10 yrs. serve 4yrs and do 6yrs on

    Answered almost 3 years ago.

    1. Eric Alvin Ballinger
    1 lawyer answer

    While trafficking is a serious drug charge, drug charges are classified at the low end of the parole spectrum. The fact of the matter is that the State of Georgia cannot afford to incarcerate all those who are sentenced and the parole board is under a mandate to get out f the prisons certain non-violent offenders who have demonstrated that they can be rehabilitated in the community.

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