Skip to main content
Emily S. Bair

Emily Bair’s Answers

3 total

  • Is there anything I can do so that my daughter's father can be responsible for keeping her insured.

    My daughter's father is retired and receives SS; so she receives it also. It is enough for me to take care of her. However, he refuses to do anything financially for her. My insurance (COBRA) is about to expire and he comes up with all these excu...

    Emily’s Answer

    Federal law provides for a Qualified Medical Child Support Order that you could obtain in a family state court under certain circumstances. The statute is Section 609(a) of the Employee Retirement Income Security Act of 1974 ("ERISA") which authorizes a state court judge to provide for group health plan coverage for the minor child of the parties when one parent participates in a group health insurance plan. Talk to your lawyer.

    See question 
  • Hi, my friend received a petition to modify, but the divorce decree has a mediation clause.

    What are the best ways to respond? Is it answering the petition, filing for a motion to dismiss?

    Emily’s Answer

    In most jurisdictions, a court will respect a clause in a divorce agreement that requires a party to mediate a modification issue before fiing a modification lawsuit. It is best to consult with a lawyer promptly when you are served with a modfication action, but also I suggest your friend send his or her former spouse written notice of your friend's offer to mediate and his or her intent to enforce the mediation clause before anything else proceeds.

    See question 
  • Once divorce papers have been filed with the court, can they be changed before the final decree?

    My son and his wife came to an agreement and filed divorce papers themselves, without a lawyer, because neither could afford one. Her mother is now threatening my son that if he doesn't change his mind on an issue, she will hire a lawyer. She know...

    Emily’s Answer

    The answer to your question is "Yes, before entry of a final decree, it is possible to change what is in papers initially filed in court in a divorce. However, your question implies that the "papers" included an agreement that your son and his wife already signed. Changing a previously signed agreement can be difficult but it is possible, particularly when the parties were "pro se" (unrepresented by lawyers) when the papers were filed. A final decree of divorce can be granted in Georgia in as little as 31 days so your son would be well advised to seek legal counsel quickly if he wants to change a divorce agreement he signed.

    See question