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Woodrow Wilson Ware

Woodrow Ware’s Answers

137 total


  • I have taken my ex-boyfriend to court for back child support. After 1 month, he's missed a payment : (

    I have taken my ex-boyfriend to court for back child support. They changed the judgement for him to pay me an extra $100 a month for 18 months. He paid the first month. Now he's missed another payment. I called the court house for the proce...

    Woodrow’s Answer

    Apply for services with the Division of Child Support Services (DCSS). They can assist you in collecting child support from your ex and in taking him back to court, if necessary. Good luck!

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  • How can i find a lawyer (pro bono) serving my county? (Walton co ga)

    I recently got a sales charge for sched II and need to find a lawyer who will provide services pro bono or one i can pay some now and then the rest later...

    Woodrow’s Answer

    In addition to avvo.com, you should also check the Walton County Bar Association's website at www.waltoncountybar.org. Click the "Find a Lawyer" tab, and select "Criminal" as the area of practice. This will provide you with several excellent local attorneys who have the skills you need. Start making calls and see if you can find someone willing to take your case under the payment terms that you can afford. I agree with my colleague; you should not expect a private attorney to work for you for free.

    If you are completely unable to afford an attorney, the Public Defender's Office actually has some very good (though overworked) attorneys. Do not underestimate the help that they can provide you if you have the right attitude. Good luck!

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  • What form would I use to modify a Contempt order I filed against my ex?

    I filed a contempt of court order on my ex who has not paid Alimony for 5 yrs. Order was from Florida and registered in Georgia when Child support at the time was not paid. When I filed the Motion using pro se forms I apparently neglected to "Stak...

    Woodrow’s Answer

    The other attorney may have said you failed to "state a claim," which was his or her way of saying you have no case. It is also a defense that will probably be stated in the answer. You will rarely see an answer to any kind of complaint that does not assert that the plaintiff has "failed to state a claim." That should tell you something.

    As my colleague suggested, you should see an attorney about this immediately. Often, a successful contempt filed because of a defendant's failure to pay alimony will also garner an award of attorney's fees, which would hopefully leave you out of pocket nothing for hiring the attorney.

    Good luck to you!

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  • Should I get an attorney for a misdemeanor charge for too many unexcused absences?

    My husband and I were taken to jail after a hearing at the courthouse. We are not people that have ever been in any trouble at all. We live in Georgia. We have had a really rough year between our honor roll student not wanting to go to school du...

    Woodrow’s Answer

    • Selected as best answer

    Yes, you should absolutely get an attorney. It sounds as though you and your husband, as parents, have been accused of violating the mandatory attendance laws (O.C.G.A. 20-2-690.1). If convicted, you could face up to a $100.00 fine, community service, and imprisonment of up to 30 days for EACH day that your child is absent without excuse in excess of five.

    However, a certain protocol must be followed by the school system before you can become subject to these penalties. Your attorney should first examine whether this protocol was followed correctly. If it was not, your charges may be dropped.

    Also, if your child was the one at fault here (i.e. he or she was the one who refused to go to school despite your command and reasonable efforts to make him or her do so), then this should be handled as a truancy case against your child, not a criminal case against you and your husband.

    See an attorney who has experience with mandatory attendance laws and truancy issues immediately.

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  • What shOuld I do now

    I recently got two tickets (failure to dim headlights & possession of less than a ounce of marijuana) when I originally got the ticket I thought my court date on the paper read may 19th but when i checked today to make sure I didn't miss my date t...

    Woodrow’s Answer

    You should immediately contact the court and explain the situation. They will give you instruction on how to proceed from there. If you do not contact the court and get this taken care of, a warrant for your arrest will probably be issued. Plus, your license will be suspended for failing to appear. If you were to get pulled over, you would be arrested and face the additional charge of driving with a suspended license. No need for all of that. Just contact the court immediately!

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  • What are my rights as the custodial parent?

    I am having an issue with my daughter's father, and need help. He is not involved in her life, and he was absent the first four years of her life. Two years ago I reached out to him because I thought it was the right thing to do for my daughter....

    Woodrow’s Answer

    My colleagues are correct; if you were never married to the father and the father never legitimated the child (whether through the normal court process or through the administrative legitimation process), then he has no rights to the child, even if he has been placed under a court order for support. However, because you have not provided enough information for us to determine whether any sort of legitimation ever took place, it would be prudent for you to at least have an initial consultation with a family law attorney immediately. That attorney can also advise you as to what actions you might take in order to possibly avoid costly litigation in the future.

    Good Luck!

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  • Interstate child support with different ages for stopping support payments?

    Our court order for child support is through Alaska, but GA child support is collecting on my behalf since this is where I live with my son for the past 8 years. His father lives in NY. The AK order states support is to be paid until 18 yrs of age...

    Woodrow’s Answer

    You will probably have better luck getting an answer to this question by seeking an answer from a New York attorney. Your situation could touch upon complex laws between the states, and may encompass both custody (which would be governed by the provisions of the UCCJEA) and child support. If Alaska was the state that awarded you custody, it may be that New York could assume continuing exclusive jurisdiction over custody if the child moves to New York because neither the child nor the parties still live in Alaska, apparently. However, only a New York attorney could advise you as to whether custody could be established for an already eighteen-year-old, and under what circumstances child support could be extended until the age of 21 under New York law.

    Try re-posting this question so that a New York family attorney can see it and answer. Good luck!

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  • Child support obligations

    I have 3 children I pay support on. My oldest son that I pay for has lived with me for 6 mo. My 2 daughters 10 and 12 have not come to see me in over 1 year because of their mom and they don't want to see me. If I signed all parental rights away f...

    Woodrow’s Answer

    Mr. Ashman is correct. In fact, the law was recently changed so that a termination of parental rights does not automatically terminate a parent's responsibility to support the children involved. Absent a specific order from the judge to the contrary, the obligation would survive even termination of parental rights. I believe such orders will be exceedingly rare. From a practical standpoint, the only legal action that would end your child support obligation would be if your children were adopted by another man, who would in turn be voluntarily assuming your obligation.

    Your best bet in reducing your child support payments would be to hire an attorney and seek a change of custody for your oldest son. You can also seek the services of the Division of Child Support Services (DCSS) and let them know that part of your payments should be redirected back to you in light of the fact that he is living with you now. However, if you take this action, don't be surprised if the mother suddenly demands that he be returned to her. If that happens, you have little choice but to file for custody.

    As Mr. Ashman pointed out, you can also file for contempt to reestablish your visitation with your daughters, if you are interested in seeing them.

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  • Im the plaintiff on a TPO I got on my wife. I dont want to proceed. A hearing is scheduled in two weeks.

    I filed a motion to dismiss two weeks in advance (today). I need this motion approved now. How can i get the dismissal done now. I cited case OCGA 9-11-41 in my motion but the clerk insist that only the judge can dismiss the tpo. but ocga 9-11-41 ...

    Woodrow’s Answer

    The code section you have cited is from the Civil Practice Act, and there is case law that states that the Civil Practice Act does not apply to TPO cases. The Court will likely want to hear an explanation from you as to why the TPO was filed and why you are seeking to have it dismissed before dismissing it. This is pretty standard policy to ensure that victims of domestic violence are not being coerced by their abusers into dropping the TPO.

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  • Separation in Georgia

    My husband and I haven't had sex in over 6 months, at the time I can not afford a divorce or anything like that, can not afford to move yet plan to do so soon when funds become available, we sleep separate, is there a way we can write our own sepa...

    Woodrow’s Answer

    Pro se divorce is always an option, but rarely a good one. As my colleague has pointed out, uncontested divorces are often very affordable, and can help you avoid potentially costly circumstances in the future.

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