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Jacquelyn F. Luther

Jacquelyn Luther’s Answers

219 total


  • I am remarried....my wife and I are expecting our daughter to be here in October. Will I be able to reduce my c.s. with exwife?

    Pay is the same as before.

    Jacquelyn’s Answer

    Let me first say congratulations on the expected birth of your daughter. Now, let me tell you the good and bad news. The court often takes the position that you knew you had obligations for a child who was already here when you decided to get pregnant with another child. And, when the court takes that position, the follow up from the court is that the child who was already here when you got pregnant should not have to live "less than" or suffer because you decided to have another baby. So, it is not automatically a given that the child support will be reduced. It is discretionary with the judge whether or not the judge will give you an adjustment based upon the new baby. You do need to consult with an attorney so as to have an accurate analysis of what your child support obligation may become. Our office handles such matter.

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  • How do i file for joint custody?

    Im a 26 year old male with one 3 year old daughter and one daughter on the way. I am not with either women. With my first i really did not know how to handle any of this custody stuff and was to affraid to seek legal help as i was not in financial...

    Jacquelyn’s Answer

    I agree with both of the other attorneys but want to add something. Your child who is 3 years old is in a different position from the child that is on the way. The law says that if you fail to exercise your opportunity interest in the child, you may not be able to legitimate the child. What that means is this, if you have not been acting like a parent to the child, that is being involved, paying child support, participating in going to or taking the child to the doctor, calling the child and generally doing what a dad would do if the child lived with him, you could be ineligible to legitimate your child. You have to move quickly when you are in this position. One thing that is not clear to me, is whether or not at the time the older child was born you signed the birth certificate and the administrative legitimation forms. If you did, you have a stronger case for the legitimation 3 years later than if you did not. Where the other child is concerned, you need to get involved and stay involved from the birth on. You have to move past whatever issues you have with the mother and her mother to do what is best for the child. And, even if that is uncomfortable for you, the court will be looking to see what kind of effort you made to do what is in the best interest of your child. You definitely need to hire an attorney for both cases. And where the Mother(s) live is where the cases are filed, not where you live. Our office handles cases in the entire metropolitan Atlanta area and would be happy to assist you with this matter.

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  • Me and a male got married in North Carolina. We seperated and moved to different states.

    Since we've moved, he has had a name change to female and has changed his sex on his license legally to female. are we still married?

    Jacquelyn’s Answer

    When you got married, you created a legally binding relationship that has to be legally dissolved. You will be legally married to each other until you get a divorce.

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  • Do i need to get a lawer

    i have 2 children with my ex-husbend he has not tried to see them for 4 yrs but has payed child support he has very reassently started to see them some i found out about 3 yrs ago he was in a car wreck and won a large some of money around 250,000 ...

    Jacquelyn’s Answer

    Yes and no. You are not entitled, you and he are divorced. But your children are entitled to support based on your combined income.

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  • Is there any way to prevent a judgement?

    In May of 2007 an ex boyfriend and I went to Aaron's Rents and leased a tv & xbox. Later on (4 months) our relationship dissolved. I tried several times to get Aaron's to come get the equipment and no ever did. More time passes and due to some sev...

    Jacquelyn’s Answer

    You need an attorney to file your answer because there are certain defenses you will waive if you do not assert them in your 1st document you file. They are defenses you cannot go back and add. You need an attorney who does debtor/creditor law and or contract law

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  • Child Visitation Modification Questions

    We have modified visitation schedule 2 times now. The first order was standard 1,3,5 weekend each month plus alternating holidays. The first modification took it to 1st weekend each month with the same conditions as previously agreed on. Well now ...

    Jacquelyn’s Answer

    Don't know. I, or another attorney need to look at all three orders and analyze them together.

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  • Do I have sole custody of my child from an unwed relationship or what would it be considered?

    Just recently got married and we are military I have children thru previous unwed relationship no custody court orders of any kind but pending child support am I considered sole custodial parent of the child. We r due to pcs soon what steps do I n...

    Jacquelyn’s Answer

    Although you have sole custody of your child, the father may have a claim concerning legitimation. You have the right to move with the child and your restraining order probably covers his right to access with your child. To fully answer the question you should meet with an attorney and take all of your papers including your Restraining Order and the Acknowledgement of Paternity as well as any other documents you have about the birth of your child so that a total picture of the situation can be seen.

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  • Im confused

    me & my fiance are planning to get married December but neither of us want to have a big wedding. for the marriage to be legal do we have to have a ceremony? or I it enough with the marriage license to make our marriage legal?

    Jacquelyn’s Answer

    You must be married by someone licensed and you must file the certificate of marriage. You must apply for and get a marriage license from the private court. You do not have to have a big wedding, a justice of the peace or the probate judge can marry you.

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  • What legal actions can I take if the custodial parent is not allowing scheduled routine visitation? Can I file for contempt?

    I'm the non-custodial parent and I have a legal mediated parenting plan agreement in which I have joint legal with visitation. The agreement was never submitted to become an order of the court.

    Jacquelyn’s Answer

    If you and your child's mother have a mediation agreement, the ADR Office should ha e submitted the original to the court. Check with the Alternative Dispute Resolution office about getting it filed into the court. You can file a Motion to Enforce the Mediation Agreement and request a hearing. Most judges will enforce the agreement if they believe the parties entered into the agreement freely and voluntarily. If you and your child's mother were represented by an attorney, the judge will more than likely just enforce the agreement after reviewing the custody and visitation provisions to assess whether or not the provisions seem to be in the child's best interest.

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  • Family Law...Can va disability be calculated for child support payments? Under Title 38,U.S. Code (Former Spouses Protection Act

    Divorce for 1 year and have been unemployed for 4 years and only receive VA disability. 70% rating and getting $1345 a month buy paying $824 in child support for 3 school age children and her income is $2500 a month

    Jacquelyn’s Answer

    VA benefits may be considered when setting child support pursuant to O.C.G.A. 19-6-15.

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