Anthony M. Zezima's Answers

Is inheritance community property in Georgia?

Your underlying intent in this case requires a different response from the question posed. The simple answer to your question in bold is no. However, just because your inheritance is not community property (Georgia does not recognize this), and is probably not marital property, that does not necessarily mean that you will keep it when you file for divorce. Property Division in a Georgia divorce case is a complicated matter. Property can be determined to be a marital asset, subject to...

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Is it true that in same sex marriages in ga, the spouse has no medical or legal authority?

Georgia does not recognize same sex marriage, no matter where that relationship was entered into, and whether or not it was legal when it was done. Therefore, no rights can be established based upon the relationship itself. However, nothing prevents the parties from appointing each other in a Power of Attorney for Health Care, which requires no relationship at all between the parties.

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Am i allowed to claim my kid even thou my kid dont live with me? I support her by sending money

No, you cannot claim the child without legally obtained permission (IRS form) from the custodial parent. You need to consider getting a new tax consultant before you get into real trouble with the IRS.

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Married 11 years ago at the beginning of the separation in 2007 we made certain agreements i honored all

Your separation agreement may be enforceable, if properly prepared and executed. You should retain an experienced Family Law Attorney to review your agreement. If determined to be enforceable, that may be done by filing a motion to enforce settlement in your divorce case.

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Divorce-Georgia-Cobb County. File for divorce on the fault ground of adultery.

The laws governing permanent alimony and temporary alimony are very different. It is not a foregone conclusion that you cannot get permanent alimony. However, even if the facts of your case would not allow you to get permanent alimony, you could still get temporary alimony while the case is pending. It could be pending for quite a while as you are trying to resolve the issue of equitable division of property. You definitely need the services of an experienced family law attorney in this matter.

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My ex-husband started drawing social security and my child gets a monthly check from ss now, can he stop paying child support?

Under Georgia child support guidelines, the payor of child support is entitled to credit for some social security payments paid to the child. However, that credit, if allowed, is just an offset against liability, and is not an excuse to abandon all obligations. You should pursue a motion for contempt and the Judge will instruct him as to what his current obligation is.

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Can i sue my wife for adultry and emotional distress if i have proof?

You can sue for divorce, and use the fault grounds of adultery. However, there is no separate cause of action for the adultery. You also need to resolve the issue of the child. Since you were married to her when the child was born, the law presumes that you are the father and the court will expect you to support the child unless you overcome that legal presumption with actual proof, such as a DNA test.

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How can I have my name remove from the house my ex-husband and I own.

You did not say why you wished to remove your name from the title to this property. As the previous answer stated, there is no benefit to you for doing that, and you could harm your chances of recovering what you are entitled to. Is there some other, unstated reason that you want to remove your name from the title? Any provision of a divorce decree that requires one party to do something in the future, after the divorce is final, can be enforced by filing a motion for contempt in the same...

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Will my fiance have any rights to my children once we marry?

He can never have any rights unless you consent to it in the future. You could consent to him adopting your sons. You could give him voluntary guardianship. If he adopted them, and then your divorced, he could obtain custody because by consenting to the adoption you gave him the same rights as the biological father had. None of this could be done without terminating the rights of the biological father. So, if you do not wish for him to have such rights, he will not, and you do not need an...

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Making changes to the original mediation and divorce degree. Will it change the rest of the order?

The written agreement is what can be enforced in court. If the two of you wish to deviate from that agreement, you do not have to change the agreement. If you qualify to file joint tax returns by having been still married on December 31, 2011, then you can choose to do that. I would hope, however, that you would be receiving a portion of that tax savings. You may want to have the refund directly deposited into your account, and then share it with him as agreed.

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