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Brad Elliott Macdonald
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Brad Macdonald’s Answers

16 total


  • If a child support agent in Marriott a ga has not rectified a financial error. What could I do? Went to her mgr already.

    NCP PAID ARREARS OF 27,000 BUT AGENT SAID IT'S PAID UP FOR CHILD SUPPORT FOR 18 MONTHS. THAT WAS HIS ARREARS HE PAID OFF. NOT THE MTHLY AMT. NOW I'M GETTING 14.50 A MONTH. INSTEAD OF CT ORDERED 101

    Brad’s Answer

    It is very difficult to determine what you are seeking based upon the information you have provided. You should speak with an attorney regarding the issue in order to determine what options you have.

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  • Child support

    My question is that if you had a child support case that was closed by the state when the child turned Eighteen but now they are being served again for the case that was closed the child is now Twenty Two and and the payments that they are trying ...

    Brad’s Answer

    Another potential issue is if the case is being re-opened to recover an arrearage for unpaid support. If there is outstanding child support, the Child Support Services may be able to go after your friend regardless of the the age of the child. It is important that you have your friend speak with an attorney in order to find out what his options are in this situation.

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  • Can I Appeal a Dismissal of a Permanent 12-month Protective Order Ruling by the Court (Fulton County Superior Ct)??

    Granted ex parte TPO against husband.Filed divorce same day. Permanent protective order hearing nxt wk. 28 of 35 yrs of cruel, abusive treatment; charged me w/ what looked like a gun, ranging, threatening to kill my son, which he's done repeatedly...

    Brad’s Answer

    The Ex Parte Order automatically expires after 30 days, so the best outcome is to ensure that the 12-Month Order is granted. It is critical that you request a court reporter in advance of your 12-Month hearing, and that you pay for the takedown. With a transcript, your chances of success on appeal are small. Without a transcript, your chances of success on appeal are almost nonexistent.

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  • Child support order states he can claim our son odd year and I claim even year if current on support, how if he lives with me??

    Child support Court order filed by me was established in GA a year ago and father lives in Florida. In the court order it states he can claim our son on odd year and I claim on even years if he is current on support. when support order established...

    Brad’s Answer

    This is a very difficult question to answer without reviewing your documents. If the documents anticipated an arrearage payment along with current support, and he is current on those payments, he MAY be entitled to claim the exemption per the agreement. However, he may not. I would not recommend blindly assuming that because he had an arrearage at the time of the order, that he is not able to claim the exemption in the appropriate year - you may find yourself having to deal with the trouble of defending a contempt action and re-filing your own tax returns. Consult with a knowledgeable child support attorney before taking any further action.

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  • Divorce, Personal Injury, Support, Medical Question

    I was married for 3 years. Now needing a divorce due to his adultery. I have no income, he makes 6 figures. 2 years ago, my husband rear-ended a car going 70mph and made me disabled. He was ticketed. Car was totaled, air bags deployed. ...

    Brad’s Answer

    Notwithstanding the potential problem with statute of limitations, Georgia has very broad inter-spousal tort immunity. This means that you almost certainly would not be able to sue him for your injuries as a personal injury claim. However, your claim may be very compelling as it relates to an award of alimony and/or division of marital property - especially regarding your ongoing healthcare needs and your ability to earn an income.

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  • When i file taxes will child support take my childrens part also when i receive the refund?

    BACK childsupport what will they take?

    Brad’s Answer

    This really depends upon the amount of arrearage that is due. If the amount of arrearage exceeds the amount of the refund, then you will very likely have the entire amount confiscated. I would suggest contacting an attorney immediately in order to try to work out alternative payment arrangements, if it is even possible to do so at this point.

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  • In the state of Georgia is signing a Voluntary Acknowledgement of Paternity enough legitimize a child?

    I was wondering if signing a Voluntary Acknowledgement of Paternity is all that was needed to be done to legitimize the relationship between me and my child? Is signing enough to have visitation rights or any rights to my child? If not, what need...

    Brad’s Answer

    Excellent question. While there is a form you and the child's mother can execute to legitimize your relationship with your child, the best practice in my opinion is to then obtain a court order recognizing that Acknowledgment and judicially declaring you to be the legal father of the child. In addition, and as others have pointed out, being declared as the legal father does not give you custodial or visitation rights - it merely gives you standing to request them from the Court, in addition to opening the door to consideration of child support. This is a complicated process and I STRONGLY encourage you to seek legal representation, if you have not done so already.

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  • Can I sue ex spouse for belongings that I was to receive per court order?

    InMarch pursuant to my divorce settlememt I was o have gatheres my belonfings from the marital home that belongs to my ex husband. He had placed a tpo against me which made it difficult for me to gather my things. Several times I attempted to cont...

    Brad’s Answer

    Obviously, the Protective Order is going to make things difficult under the circumstances, especially since you now reside out of state. If the items in question were awarded to you in the Settlement Agreement and/or Final Decree, then you may have remedies available to you, including a Motion for Contempt. That said, you are describing a fairly complex set of circumstances, and I STRONGLY recommend hiring an attorney to assist you, assuming you have not already done so. Furthermore, you should do this sooner, rather than later, because you don't want to end up in a situation where you are accused of "abandoning" that personal property.

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  • Should I still have to pay child support if I care for my child 3 days out of the week?

    Divorced 1year. Live an hour apart so I travel every Friday to get my son and keep him until Sunday. I pay her $250 a month volutarily,and make probably $1,800 a month. She has been unemployeed for over a year.

    Brad’s Answer

    Assuming that your divorce decree includes an award of child support, then YES, you need to continue paying support. However, it sounds like you may have sufficient grounds to warrant a downward modification of your support obligation. I strongly recommend that you contact an attorney (if you haven't already done so), because your likelihood of success will greatly depend upon your specific situation.

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  • Can an executed mediation agreement in Georgia be changed if husband is not abiding by the agreement?

    Mediation agreement barred stalking and my daughter's husband almost ran her off the road this morning. Severe emotional and financial abuse with physical abuse in the past with a TPO filing. Currently they have joint custody, but I believe she ...

    Brad’s Answer

    First, the answer to your last question is YES, she can file a police report. Obviously, that would be something that is better done sooner, rather than later, to avoid the appearance of "manufacturing" evidence. Second, in Georgia a settlement agreement/parenting plan concerning custody and child support is ALWAYS subject to the approval of the trial judge - so, if circumstances warrant a rejection and/or revision of those terms by the Judge, the mediated agreement CAN be modified or set aside with respect to custody and child support. Your daughter MOST DEFINITELY needs to hire an experienced attorney to handle this situation, if she has not already done so.

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