He was unemployed when we went to court and the judge told him to pay 165.54/month. He does not pay. My question is, doesn't that amount need to be increased since he is working now? How do I do that?
You need to speak with an attorney about:
1. Filing a petition for citation for contempt.
2. Filing a modification action, if the CSW indicates that a modification would be appropriate.
If you cannot afford an attorney, you might try going through the Division of Child Support Services.See question
I'm looking for a day shift job so I can be home with my daughter during the nights. I have a job currently but it's night shift and it's from 10 pm to 7 am five days a week. My usual days of are Tuesday and Wednesday . I'm on maternity leave with...
1. Original custody determinations are base on what is in a child's best interest.
2. The factors the court considers in determining best interest are listed in Official Code of Ga Annotated 19-9-3.
3. It might concern the court that the father of your child sleeps in the same room with his 11 year old daughter.
4. It will likely (should) concern the court that you are not able to be at home with your newborn at night. Ii you can change your schedule, you might think about doing so. if you cannot, have a plan for someone responsible to watch your child while you're working.
5. Talk to an attorney about filing an action for paternity and support. If you cannot afford an attorney, google DHS' Division of Child Support Services.
6. Speak to an attorney about the implications of your boyfriend filing a petition for legitimation and custody. You need to understand the difference in legal custody, physical custody, and the kind of parenting time that would be appropriate in your situation. You need to be thinking about a parenting plan.
7. If would be wise to meet with a child specialist / therapist / developmental expert about the kind of custody and parenting time schedule / arrangement that would inure to the benefit of your newborn.See question
My grandson has lived in another state with his father for the past nine months. His mom, my daughter is deceased.
I am so sorry for your loss.
You need to speak with an attorney in the state and county in which your son-in-law and grandson reside about what that state's law is concerning grandparent visitation - whether it is a right afforded grandparents, and if so, what the legal burden is and whether you can likely demonstrate that legal burden in any grandparent visitation action.
Best to youSee question
I am innocent of domestic violence but da is offer dpa after all the deposition are done
You have not asked a question. Do you have an attorney? If so, speak with him / her about any concerns / questions you have. If you do not have an attorney, you should retain one ASAP. If you cannot afford one, seek representation through the public defenders office.See question
I filed as the plaintiff in what I thought would be an uncontested divorce, however, critical issues since the filing of the complaint and agreement.. The marital home I'm in is going to be auctioned off for his failure to make the house payments,...
You can file a motion asking the court to reject / set aside the agreement based on his fraud and misrepresentations, but he is going to claim that you had the ability to do your due diligence and did not.See question
No legal separation was filed and we have one child
No sooner than if you were married 12, 23, or 33 years. The earliest is 31 days with the other side's consent and an agreement resolving all issues...equitable division of marital assets and debts, legal and physical custody, parenting time, child support, alimony, attorney's fees...See question
I have a 1 yr old, have not received any child support. Just occasional drop off of food. I let him spend time with her every weekend for the simple fact that i want my daughter to bond with her dad. I filed for child support back in January have ...
The legitimation establishes the legal relationship between a father and child. It allows the child to inherit from the father as if born in lawful wedlock. It allows the father to serve as a placement resource for the child if he or she were taken into state custody. It allows the father to seek parenting time or custody of the child. What kind of time depends on that to which the two of you agree in any mediation or collaborative process or what the judge determines if you go to trial. Even if you resolve the issue in mediation or through some other ADR process, the Judge still has to approve of any agreement reached. An award of parenting time or custody has to be based on the child's best interest.See question
Criminal background in identity theft. Its current happened more than one occasion.
The grant of legitation requires the petitioner to meet a two-fold legal burden. Specifically, you have to show that you have not abandoned your opportunity interest to form a meaningful relationship with the child and that it is in your child's best interest that the legitimation be granted. The mother may try to claim that it is not in your child's best interest to be legitimated by a father with a recent criminal record for committing identity fraud, that such conduct is not the kind of behavior and judgment the child should learn to emulate. You will need to be prepared to argue or an attorney on your behalf that you are not the sociopath she may paint you to be, that you made a mistake, owned up to it, paid your debt to society, are working hard, gainfully employed, want to support your child financially, emotionally...to ensure his academic success, extracurricular engagement, spiritual development, etc.See question
I had CPS called on me when I left my 10 1/2 year old son home alone. I had to work for 2 hours, and my state has no laws against leaving a 10 year old home alone. CPS came in and investigated anyway. I fully cooperated when they looked all thr...
Giving you a meaningful answer would require more information to which no one on this site is privy. For example, the report to DFCS may have come from a mandated reporter (i.e. the child's teacher) who may have been concerned about your son reporting that he often spends time unsupervised in the home, that he recently burned himself when alone (which might be why they were checking the setting of your tap water to see if it was too hot), and if they already had concerns and that was exacerbated by a finding that your child had not been to a well visit in 4 years, and that you did not follow through and take him when they raised a concern, you might find your child being taken into care (into the custody of the state) in connection with a complaint alleging that he is without proper parental care and supervision.See question
My mother has been divorced for 2 years and has a simple divorce decree. It does not include any spousal support as that was reached in an outside the court agreement. Her ex husband has now decided he no longer wants to pay her the spousal suppor...
The short answer to your question is probably not, and here's why. There is a doctrine in the law known as “res judicata” and in divorce and alimony cases, it is applied such that a final decree has the effect of binding the parties (your mother and father in this instance) to all matters which were actually put in issue and decided in their divorce, or which matters were, by necessary implication, decided between them.
In cases wherein a settlement agreement was incorporated into the final judgment and decree of divorce, the Georgia Court of Appeals has held that the rules of contract construction are applied to determine whether the agreement manifested an intent to settle all issues between the parties. If it did, then a petition for alimony filed by your mother will likely (and should under the law) be dismissed, as it would fail to state a legal claim upon which relief could be granted.
However, no one on this site has seen your mother’s divorce decree, and she would be wise to show it to an attorney. It may not (although I would be surprised if it did not) state that the parties’ agreement -or their manifest intent - was to resolve all issues incident to the divorce.See question