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Allen F. Harris
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Allen Harris’s Answers

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  • What can I do about my ex-husband not obeying our divorce papers ?

    My ex-husband has not paid me court ordered child support in over 2 months. Now he has claimed my son on his taxes without my permission. He didn't have him more than 6 months last year so it's my lawful right to claim my son. I want to know what ...

    Allen’s Answer

    You can file an application for contempt for his violation of the Court Order. You can also file for a continuing garnishment or seek an income deduction. If you have your son more nights than the father and did not agree to let him claim your son as a dependent, you are entitled to claim your son. The father should be advised to amend his return so that you are not both claiming the son.

    To obtain sole custody of your son, you would need to speak with an attorney in your area to explain the facts and get an opinion regarding the possibility and probability of changing custody. It is not totally clear what you have in mind when you ask what you can do about "getting sole custody". There is legal custody and physical custody. Most people think about custody as physical custody. When you talk about "getting sole custody", are you talking about simply reducing the father's parenting time or eliminating the parenting time?

    In almost all situations, you would not be able to eliminate the parenting time. This is because the Courts view it as important that both parents have a relationship with their children. If you are talking about reducing the time for some reason, the parenting time/visitation could be modified without changing the custody to "sole custody". Again, you should consult with an attorney.

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  • My husband and I are separated after 2years of marriage.

    I have a 2year old soon to be 3 that he has taken care of since he was 6months old but since he has left he hasnt help pay any bills or give any money do I have any rights to support or anything?

    Allen’s Answer

    If he is not the father, he is not obligated to support the child. If you contact an attorney, there may be some possibility that you could get alimony (spousal support) but more factors will need to be considered. Also, if you get alimony it will likely be for a very brief period considering the length of your marriage. Good luck.

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  • My marriage is short term, am I be entitled to any of the following- profit sharing, pension, 401k, temp. spousal support?

    - Married almost 2 years, no children, do not own a house - Gave up career to work on PhD. My husband strongly encouraged me to do so & has paid most bills. I have an assistantship & use my stipend to pay some bills but it is not enough for me ...

    Allen’s Answer

    You may be entitled to a small portion of the assets described. On the alimony question, there are a lot of factors that go into the determination. There is also a lot of discretion that judges exercise in making the determination. Nobody can tell you flat out that you will or will not be entitled to alimony. What an experienced attorney can tell you is the likelihood of you receiving alimony. You should discuss the issue with an attorney. But based on the facts you provide, it does not appear to be a case in which significant alimony would be awarded. Someone who you consult with will be able to obtain more details and advise you more specifically.

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  • Division of Asset Question- Settelement from an Accident

    I am filing for a divorce in Georgia. Last summer, my husband and I got a settlement for an accident he was involved in 2008. The check was made out to him and I both and we put the money in to a joint mutual funds with our existing savings. Reali...

    Allen’s Answer

    Both of the previous answers were good. I would add that the part of the settlement that could have been considered Personal and separate for your husband was arguably converted into marital when it was commingled with the other funds in your existing account. There would be an argument that he gifted his separate part to the marital unit when he put it into an account in both your names. Some of the other part of the settlement may have been for loss of consortium. In some cases, the insurance companies will not designate what part of the claim the funds are intended to cover. This again, will make it difficult to do anything but include them in the marital pot and make them subject to equitable division.

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  • I am using my friends account. My fiance and his wife have done all the paperwork for divorce.....

    They have also been to court concerning the custody and support of their daughter. There is no contesting and no property or anything to deal with. We have turned in everything to the wife's lawyer that has been asked of us and the divorce is ST...

    Allen’s Answer

    Your fiance needs to understand that the Wife's attorney only represents the Wife. He should consult with an attorney to find out what is causing this unreasonable delay.

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  • Should I drop my divorce attorney?

    I am the plaintiff in Divorce case. Initial court hearing was 9-22-11, 46 days later and I have yet to receive temporary court orders. Multiple emails, and voicemails left with attorney's office with no reply. Even showed up and was turned away...

    Allen’s Answer

    Yes. You need to be able to communicate with your attorney and should receive prompt call backs.

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  • Do I need to wait for the Guardian Ad Litem if my child is in an emergency situation?

    My child is in a situation where he is not safe at school and his father who has primary physical custody is not doing anything about it. He has already been hurt many many times. Is this a cause to change cutody on an emergency basis? Do I need t...

    Allen’s Answer

    If your child is in danger, you need to file a Motion for an Emergency Hearing to get a court order to help protect your child. The relief may or may not include a temporary change of custody. You cannot do anything to change custody without getting the court to do so. You do not have to wait on the GAL for anything in order to file a Motion of an Emergency Hearing. It would help if you could bring this to the attention of the GAL and have the GAL supportive of your motion.

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  • My husband wants me to move out of the house while we attend counseling, so what can he do legally to enforce this?

    We both need to attend counseling, but the counselor suggested seperate counselors first. Mainly because of past issues in his life that he has never dealt with. The kids are not in the house (they are at my parents-one is his; one is mine). What...

    Allen’s Answer

    I agree with the prior responses assuming there is no case pending. If a case is pending one of you could request a temporary hearing and ask for exclusive temporary possession of the marital home. If one of you files for divorce, you could request a temporary hearing at the time of filing. It would not be guaranteed that the court would give one of you temorary possession of the marital home but the court could do so. The court would be likely to do so if there is a high level of conflict present and one of you had a reasonable option to go somewhere else.

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  • Change custody

    I have temporary primary custody of my two sons. My soon to be ex has control of extra curricular . Which those sports practices end up on my days.. I don't mind to take my son to it. But, I have control of school and region but my ex will not ta...

    Allen’s Answer

    As another response mentioned, the court is concerned with what is in the best interest of the children when considering custody and visitation. If the order you are under now is a temporary, you can re-visit the visitation schedule. You indicated you would rather him get the children on Friday "so it doesn't mess up ...schooling." This would be a valid argument to make if you can show that his Thursday visitation legitimately has a negative impact on the children. You then question whether he could lose that day for not being flexible like you are being. In my opinion the negative impact the vistation presents (if you can demonstrate this) by including a school night is a much better argument for dropping the Thursday than the "flexibility" argument. You would need to demonstrate the negative effect such as homework not getting done, children being tardy for school, staying up too late or etc.

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  • Will my child support lower if I have a baby with new wife in Georgia

    First let me say I am a great father I keep my kids every week by choice. I bring home 1500 every 2 weeks and pay her 700 every 2 weeks. She makes 30 per hour and just had a baby by a doctor who is still married. Not for long though. Anyways she k...

    Allen’s Answer

    This response assumes that Georgia law is applicable. If your child support order was entered in another state and/or your wife is living in another state with the children that may not be the case.
    First of all in Georgia, you would need to ask for a modification. Georgia law provides that
    “a parent shall not have the right to petition for modification of the child support award regardless of the length of time since the establishment of the child support award unless there is a substantial change in either parent´s income and financial status or the needs of the child.”
    So, you will need to show a change in your income and financial status or in the income and financial status of the mother or a change in the needs of your children.
    If you meet the threshold for filing a modification, it is in the court’s discretion to reduce your income for other qualified children living in your home. The new child or yours would be a qualified child and the court would have discretion to adjust your income for purposes of child support calculation. The court would never get to the point of using this discretion unless it determines you have met the threshold for filing a modification (ie. the above discussed change in financial income or financial status or needs of the child).

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