Michael Shane Welsh’s Answers

Michael Shane Welsh

Atlanta Family Law Attorney.

Contributor Level 12
  1. Can I be sued for slander if I have the proof of the statements I made?

    Answered 9 months ago.

    1. Michael Shane Welsh
    2. Jeffrey Ira Schwimmer
    3. Scott Benjamin Riddle
    4. John Arnold Steakley
    5. Michael David Myers
    6. ···
    7 lawyer answers

    Yes, you can get sued for slander. Any one can sue any other person. Doesn't mean the suit will be successful, but it means you will likely have to incur significant legal fees defending yourself. Perhaps there is a better way to achieve the result you are seeking with the shared emails/texts/information about the affair without going through the school board. Like filing for divorce and seeking alimony on account of the infidelity. Or sending a cease and desist letter demanding an end to...

    8 lawyers agreed with this answer

  2. My old business partner filed suit against me and other business associates but got their identities wrong. How do we fix it?

    Answered 9 months ago.

    1. Michael Charles Doland
    2. Daniel Nathan Ballard
    3. Michael Shane Welsh
    4. Christian K. Lassen II
    5. Kevin Samuel Sullivan
    6. ···
    7 lawyer answers

    You probably ought to let your attorney deal with the improper named parties. There may be defenses or other procedural issues that are best handled by an experienced litigator. If you are handling your own defense, you should at least consult with a San Francisco area litigation attorney to see what the options are. Not sure it is your obligation to fix the filing errors made by someone who has sued you.

    9 lawyers agreed with this answer

  3. What to do if my childs mother start an argument at my visitation pickup and not let me take the child because she's mad?

    Answered 10 months ago.

    1. Michael Shane Welsh
    2. Samuel Solomon Bruner
    3. Christopher Daniel Leroi
    3 lawyer answers

    Based on your facts, you have an existing custody,visitation order. If so, you should get your attorney to file a motion for contempt. Denying your visitation rights because she exploded is a violation of several elements of a custody/visitation order and of the standing orders that are typical in Georgia divorce and custody matters. You need to hold her accountable for those actions.

    Selected as best answer

  4. Can I get a cease and desisit order to stop co-workers from teasing me at work?

    Answered 10 months ago.

    1. Michael Shane Welsh
    2. Wendy Marie Schenk
    3. David Raymond Mahood
    4. Michelle Jeanine Dickinson
    5. Eric P. Pitsch
    6. ···
    6 lawyer answers

    The behavior you describe is not childish. It is illegal. And you should contact an employment lawyer in your area to discuss your options. Certainly a cease and desist letter is one step. But if your boss is participating in the behavior, you need to bring your concerns to the attention of his boss and HR. And you ought to have counsel first so that you can immediately address any behavior that retaliates against you for bringing the original illegal activities to the attention of the company.

    8 lawyers agreed with this answer

  5. I assume it's sexual harrassment to question a name on a federal sexual harrassment case

    Answered 11 months ago.

    1. Michael Shane Welsh
    2. David J. McCormick
    3. Christopher Michael Davis
    4. Christian K. Lassen II
    5. Daniel Gary Rosenthal
    5 lawyer answers

    Please rephrase your question. It isn't clear what you mean by your post.

    8 lawyers agreed with this answer

  6. Is there ever a situation when the parent with primary physical custody pays child support to the other parent.

    Answered 11 months ago.

    1. Michael Shane Welsh
    2. Glen Edward Ashman
    3. Anthony M. Zezima
    3 lawyer answers

    Yes. The Georgia Supreme Court issued another ruling in the last month (Williamson v. Williamson) on this topic. In that case the father was awarded 60% of parenting time, but since he earned 4 times as much as the mother, he had to pay her child support. The focus is on the conditions the children live in, even if only 43% of the time. A court may award child support if necessary in the best interest of the children.

    6 lawyers agreed with this answer

  7. I've heard it best if you are the one to file for divorce, rather than wait for your spouse to. Is this true, custody 2

    Answered 9 months ago.

    1. Michael Shane Welsh
    2. Samuel Solomon Bruner
    3. Glen Edward Ashman
    4. Anthony M. Zezima
    5. Christopher Daniel Leroi
    5 lawyer answers

    There really is no advantage to filing first from a results standpoint. The primary advantage procedurally is that the first filer typically gets to control some of the timing of events. In most cases, the results don't change on account of who files first.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Do I have a suit against a former employee for slander and defamation of character?

    Answered 9 months ago.

    1. Michael Shane Welsh
    2. Steven Robert Samples
    3. Jeffrey Ira Schwimmer
    4. Christian K. Lassen II
    4 lawyer answers

    You should look for a local attorney who handles defamation cases using the links on this site. Based on your facts, it sounds like you may have a legitimate defamation action but that will depend on your state's law. However, you need to consider whether if you win on a defamation lawsuit there will be anything to collect. If she or her father have no assets, your pyrrhic victory may cost you a substantial amount of money.

    7 lawyers agreed with this answer

  9. If you know of a student loan prior to marriage and agree to help pay anyway, can you ask for refund in divorce?

    Answered 11 months ago.

    1. Michael Shane Welsh
    2. Robert M. Gardner Jr.
    3. Glen Edward Ashman
    4. Daniel Nelson Deasy
    4 lawyer answers

    If he voluntarily paid money towards your debts during the marriage, he will have a difficult time claiming credits for them in a divorce. Sounds like it would be treated like a gift. Did you have a prenup that specified the division of debts and assets in the event of a divorce? If not, and if you are not able to come to agreement on the division of marital assets and debts, the court will generally divide things equally or equitably. I don't see how he will be successful in claiming that...

    Selected as best answer

  10. Do I need a lawyer for divorce?

    Answered 8 months ago.

    1. Michael Shane Welsh
    2. Emily Su-Hwa Yu
    3. Anthony M. Zezima
    4. Glen Edward Ashman
    5. David A. Canale
    5 lawyer answers

    If you have been served with a TPO and a divorce petition, you need to hire a lawyer. A TPO is a serious restriction on your rights and would not have been issued without your wife expressing fear for her safety to a judge. Now is the time to protect yourself and your rights.

    5 lawyers agreed with this answer