John Preston Smith's Answers

How can i defend an exparte TOP when i am the dependent spouse and have no access to finance or even a place to stay?

If I understand you correctly your brother was removed from the marital residence based on an ex-parte temporary protective order obtained by his wife because of some underlying altercation between those two. I do not believe he would be entitled to free counsel...although it could not hurt to contact the Atlanta Legal Aid. The hearing on the 10th is most likely to determine whether this order should be extended for 12 months or dismissed. I don't understand why he is not able to make phone...

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What does the child support orders in my divorce decree mean?

If 18 year old is not in any type of high school program or has completed high school...then support ends on 18th birthday. Sometimes decree and supporting documents can extend support by agreement between the parents, but there must be a signed written agreement that directly states that and that agreement was incorporated into the final decree. **** **** This brief response does not establish an attorney/client relationship between the author and any readers.

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Alimony

You need to hire an attorney quickly. If you have signed a "settlement agreement" and that was filed with the Court, you will need to legally set that agreement aside and file a counterclaim for divorce in which you seek alimony among everything else (custody, child support, and a fair division of assets). If no written agreement has been filed you proceed with filing counterclaim. If you have to appear in Court unrepresented you must make Judge aware you do not agree with your Husband on how...

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What are my rights to alimony and child support?

If you are sure the marriage is over, then you need to file for divorce in the superior court of the county in which your husband resides with the children and request a temporary hearing as soon as possible to deal with the immediate issues of temporary custody and temporary payment of debts. As parents you both have equal rights to the children. The Court is going to look at what is in the children's best interest in determining temporary and permanent custody. Children over the age of 14 can...

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How do i go about collecting child support from a non-custodial parent in the military for our two children. we never married.

Talking to the local Georgia Child Support Recovery office (or looking at their website) is a good start. You can file a paternity action to establish by court order the paternity and have support based on the child support guidelines addressed as well. In my experience the military really frowns on soldiers not being responsible for their children so I think that gives you some good leverage to get this taken care of quickly.

Can I voluntary terminate all rights to my children? If I do will I still be required to pay child support?

The only way to terminate your parental rights would be through a judge's order...and I do not believe a judge would grant any such order if it were not in the best interest of the child to do so. It would be a hard case to show that you not paying support would be in that best interest. I am sure there are many other factors going on in your case...adoption of your children by step parent would probably be the most effective legal method to eliminate your child support obligation. The right...

What steps do I take to force my children's mother to let them see me on a regular basis?

Based on your facts...you should consider filing a "petition to legitimate" your two boys. It would be filed in the superior court of the county in which the mother and the boys live. In that kind of action you can seek custody or at least a court ordered visitation schedule...but you will also get court ordered child support which is a number derived from a formula based on your gross income and her gross income (unless you have already been ordered to pay support through the Georgia Child...

Do I still have to pay child support according to my divorce decree after child turns 18?

"Secondary school" in the Georgia statute and in your agreement refers to high school only...not college. So based on the information in your question your done with child support as of November 9, 2009. There may be other factors not disclosed in your question that may have a bearing on support. Have a consult with local lawyer. **** **** This informational response does not establish an attorney/client relationship between myself and the question's author and/or any readers.

As a grandparent can we remove grandchild from my daughter for mental illness issues.

One option is to file a private action for deprivation in the juvenile court of the county where your daughter lives with the child (deprivation is an action that most times is filed by the county DFAC's office that asserts that based on the evidence the parent is "unfit" to care for the child). You as a grandparent can file such an action as well. The level of evidence needed to prove a parent unfit is high...the state likes to keep children with their parents....good solid evidence can be...

Contempt of court.

If your ex pays prior to the hearing but after the case was filed you would still have a claim for attorney's fees (if any). However, it has been my experience that the damage to your credit caused by ex-spouse's actions is next to impossible for the Court to fashion a good remedy. It may help a little to write letters to each of the three main credit agencies and include copies of the court documents and ask for the letters to be placed in your permanent credit file.