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Rebecca Garren Parker
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Rebecca Parker’s Answers

31 total

  • I went to divorce court a month ago, my attorney said he would type up the papers for the judge to sign the following week.

    When i call his office i get his answering machine so i have faxed him several times. I have yet to speak to him and when i called the courthouse my final papers haven't been filed. How do i know if i am even divorced yet and what can i do to get...

    Rebecca’s Answer

    Good afternoon. Possibly what your attorney meant was that he would begin drafting the paperwork the following week. After he drafts the order, he has to submit it to the opposing attorney or party for his or her approval/signature before he can file it with the Court. Only after both attorneys approve/sign the order can the order be filed with the Court. (There is an exception for this in many jurisdictions to protect against an attorney unreasonably withholding approval of an order.) Also, in Bradley County, your divorce was actually assigned to a specific judge (it didn't used to be done that way) so your attorney will have to await the signature of your assigned judge after the attorneys have approved it.

    Now, as for why he isn't returning your calls, I obviously have no idea. In my humble opinion, that's uncalled for. If he is in court or otherwise unavailable, his staff should return your call to advise you of the status of your divorce. But take note of this: You are not divorced until the final decree has been signed by the judge and filed with the court clerk's office. So you definitely shouldn't get remarried at this point.

    Keep calling/faxing/emailing your attorney's office until you get a response. Best of luck to you!

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  • Im divorced can irs take exwife house if we get back together

    we are divorced and thinking of getting remarried but the irs taking her house is the issue.will they put a lein on her house

    Rebecca’s Answer

    Agree with prior post. Repost this as a tax law question and provide more details in your question. I think you will get a better response that way. Best of luck!

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  • How to word motion for fraudulent claims by mother for increase in child support and have payments made to 18 yr.old son in NJ?

    was adviced to file new motion to review cs case because mother filed motion in 2010 for increase on fraudulent accusations and was granted an increase with in the 3 yr. allowance of the law. claimed decrease do to my perm. disabled step-son who r...

    Rebecca’s Answer

    Agree with prior post. I would add that the proper thing to file might not be a motion. You may need to reopen the case with a Complaint for Modification of Child Support. You definitely should hire an attorney ASAP. I don't think you are getting blown off. I think you just aren't doing a very good job of representing yourself. Get a lawyer!

    Best of luck.

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  • Can I file a motion with the court to have a child support order terminated/vacated based on false paternity?

    I applied for public assistance and was asked to name the father of my child. I gave them the name of a man I know is not the father, and basically blackmailed him into signing a consent judgment. He did ask for a DNA test when he was served with ...

    Rebecca’s Answer

    Wow. Have you checked into whether you might be in trouble criminally for what you've done? I don't practice criminal law, but I would look into that if I were you.

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  • Once a person is served divorce papers in GA how many days do they need for a response? If that time frame isn't met?

    The divorce papers were served yesterday and I need to know what happens next.

    Rebecca’s Answer

    Agree with prior post. I would add that if you do not answer in the time allowed by law and your spouse is granted a divorce, he or she will likely get just about everything he/she asks for in the way of property, debts, alimony, child support/custody/visitation, attorney fees, etc. It is VERY dangerous for you to ignore the divorce papers you were served with! Hire an attorney immediately!

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  • Can you sue for past due child support in Tennessee after the child turns 18?

    My child is 19, and the mother has not paid child support in several years. Is there any way to sue the mother for past due child support owed even though my child is 19?

    Rebecca’s Answer

    Yes. There is no statute of limitations on enforcing judgments for child support in Tennessee. You need to file a Complaint for Contempt and collect what is owed you! Best of luck!

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  • What documents and records should I gather for my attorney heading into a divorce?

    I have my financial information in order, but I'm wondering if there is anything else that people often overlook that my attorney will need?

    Rebecca’s Answer

    First, and foremost, you should speak with your lawyer about which documents you need. It concerns me that you are represented and your lawyer has apparently not advised you on this issue. This is the type of thing I go over with my clients during our very first meeting and I update my requests for documents during the course of the divorce. Please consult with your attorney about this ASAP as I wouldn't want to send you off on a wild goose chase for certain documents if those documents aren't relevant to the issues in your case.

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  • Help. I didn't lie!

    Im a very truthful person.. But I went to court 4 months ago (divorce) and was asked how long I went to college.Which has nothing to do with my case anyways. I said 2 years, but when I went back to see how long I really went it wasn't 2 years. I ...

    Rebecca’s Answer

    I believe you when you say you didn't mean to lie. Otherwise, it wouldn't be worrying you so much! My only question is how long were you actually in college? If your answer of 2 years didn't miss by much, I wouldn't worry about it too much. For example, if you said 2 years but you were actually in school for 2-1/2 years it wouldn't be that big of a deal. Like the other responder stated, you can always correct your testimony at some point in the future. Although education is relevant (or else it wouldn't have even been brought up), you may not have messed up too bad if you didn't misrepresent by too much and/or misrepresent your degree.

    Take care!

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  • Divorce - Inappropriate martial conduct

    If the grounds for divorce are inappropriate martial conduct, Dom abuse, would the judge grant the divorce based on this incident: Wife pays a lawyer $3500 on my personal credit card in which she has authorization, but doesn't help with the bil...

    Rebecca’s Answer

    I agree 100% with the other responders. This definitely could, and probably would, constitute inappropriate marital conduct. IMC is such a catch-all that most anything could potentially be IMC.

    Best of luck.

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  • In Tennessee if you are 17 and graduated highschool, have a job, and have paid for everything can you leagly move out?

    I am a foster kid, my aunt gets money for me every month to take care of me but complain she has no money, I have a job and go to school. But i am not allowed to drive because she wont let me get my permit. I pay for everything like clothes, food...

    Rebecca’s Answer

    Until you are 18, you are not of legal age. If you are not of legal age, you don't have what we call "capacity" to sign legal documents. Meaning you couldn't legally sign a lease for an apartment, for example. Also, it you left home, your aunt could have the police haul you back home. And running away, which is what you'd be doing, may cause even more problems. So, in short, think long and hard before doing it.

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