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Rebecca Wyatt McLaws

Rebecca McLaws’s Answers

65 total


  • If I purchase a home while legally married though separated for two years now, will he have rights to the home if we divorce?

    I am currently separated and would like to purchase a home. I'm not ready to pursue a divorce however I think ultimately it will end there in years to come. in the meantime, I am living in an apartment. My husband lives in our home and I want to...

    Rebecca’s Answer

    You are wise to pose the question relating to property purchased while you are still legally married. Your husband could make a claim against any equity in the home. However, unless you are putting down a large deposit, the amount may be minuscule. You should seek the advise of an attorney to discuss your options. If you are living apart and have not filed for divorce, a separate maintenance action could also help to protect any assets you acquire in the future.

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  • With a divorce, will I be able to be awarded his retirement money here to cover the cost of the bills he used to pay?

    I have been married to my husband for almost 30 years. He retired in 2012 and relocated to Sierra Leone, our county of birth, with the promise that he was going to get a job, settle down and I will join him as soon as the boys are out of college....

    Rebecca’s Answer

    Divorce is often a scary proposition for a woman that stayed home and raised children. But, with your husband refusing to pay the bills, you have little recourse but to take legal action. You have several options available, including, possibly a separate maintenance action rather than a divorce. I suggest that you consult with an attorney to determine what your options are so you can make an informed decision.

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  • How much to file a uncontested divorce

    Uncontested divorce no children

    Rebecca’s Answer

    The answer depends on whether you have children and in which county the Defendant resides. Some courts have additional documentation and requirements that may cause an uncontested divorce in that county to be slightly higher. For example, in Cherokee County, the Court requires Child Support Addendums. It's extra work that has to be done. But, in Cobb County, the Child Support Addendums are not required.

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  • X- filed for our boys exemption, I've had sole custody for 13 years. in place is a recent court order that states I file for2011

    and she gets 2012. I know for a fact she did not file at all for 6 years. I have not let her know that I am aware of her crime. I have paper filed and do not want the children to get wind of the situation. All I want is 50/50 time and $0 child su...

    Rebecca’s Answer

    I must agree with my colleagues. You should speak with your attorney about your case.

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  • Do I need an attorney

    I was living in Michigan after my divorce a year later I moved to Georgia. I was getting child support at that time. After moving to Georgia the father filed contempt charges and I have to bring the child back to Michigan. His attorney told me i h...

    Rebecca’s Answer

    You need to speak with a lawyer and have the paperwork reviewed. I agree with a lot of the responses, but you should not beat yourself up over what you did five years ago. I am sure you did the best you could in a difficult situation.

    Please do not hesitate to contact me if you would like to schedule a consultation.

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  • I live in GA with my daughters-their father lives in FL and does not pay child support - also owes arrears. What can I do?

    My ex owes approx $65K in arrears for child support and still does not pay any child support. GA did take his GA drivers license but this does not affect him as he lives in FL. How can I go about enforcing the child support in a different state?...

    Rebecca’s Answer

    You have many options. If the Order entered in this State, then you can file the contempt here. Otherwise you have some creative options to try to collect against your ex-husband. For example, if you know where he was banking, then you could file a garnishment action. You can also notify the IRS that he is in arrrears and they will seize his tax refund, if he gets one, and send it to you.

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  • Can I file a motion for SERVICE BY PUBLICATION on a Contempt Application for Child Support?

    The non-custodial parent is avoiding the Sheriff's Department and the Private Process Server. This is costing me more money that I truly can not afford to dish out. The efforts have been made beyond what I expected from the Sheriff's Department an...

    Rebecca’s Answer

    No. You must personally serve the father. There are creative ways that you can try to collect the child support without going through the process of contempt. Have you considered garnishing his banking accounts? Or you could have the court issue a fi.fa. and if he has any property, then you can have the sheriff levy it. The sheriff would seize his property (so long as it is not encumbered by a creditor) and will sell it at auction. You have a lot of options to try to collect beyond a contempt action.

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  • Help

    is it easy to get an temporary custody changed? I got primary custody of my children but I would like more days. I have 21 days and my husband has 10 days. Is that being realistic? He has them thurs- Monday morning and every other wednesday. I t...

    Rebecca’s Answer

    Your question indicated that you want temporary custody changed. I am assuming that you are going through a divorce and operating under a Temporary Order. If that is correct, then you probably have an attorney and should address these concerns to him or her. If I am correct that you are operating under a temporary order, then the best thing you can do is to calendar and journal the difficulties so that you can show the court the problems with visitation. You also want to keep records relating to the children's schooling and how the visitation is impacting it.

    If you are not operating under a temporary order, then you have a higher legal standard to meet. You would have to show that the change is in the children's best interest. Absent a significant problem at school, you may not be able to meet the standard.

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  • Help

    is it easy to get an temporary custody changed? I got primary custody of my children but I would like more days. I have 21 days and my husband has 10 days. Is that being realistic? He has them thurs- Monday morning and every other wednesday. I t...

    Rebecca’s Answer

    Your question indicated that you want temporary custody changed. I am assuming that you are going through a divorce and operating under a Temporary Order. If that is correct, then you probably have an attorney and should address these concerns to him or her. If I am correct that you are operating under a temporary order, then the best thing you can do is to calendar and journal the difficulties so that you can show the court the problems with visitation. You also want to keep records relating to the children's schooling and how the visitation is impacting it.

    If you are not operating under a temporary order, then you have a higher legal standard to meet. You would have to show that the change is in the children's best interest. Absent a significant problem at school, you may not be able to meet the standard.

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