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Can failure of a court to allow time for discovery be construed to represent a "nonamendable defect on the face of the record"?
Alyson's answer
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Answered on January 22, 2014
You may be able to appeal the decision if you are within the term of court. You may also be able to set aside the Order based on fraud if you were...
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Is it possible to get some kind of court order against my spouse to force her to see my child?
Alyson's answer
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Answered on January 20, 2014
I agree with my colleagues. Until a divorce is filed, you cannot control where she takes your child and what money she has access to. If you file...
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How will a judge view a parent that signs minor children 8-10 years of age up for social media?
Alyson's answer
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Answered on January 20, 2014
While I don't think your husband committed any crimes, the fact that he signed your children up for social media and is having an affair with...
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Wanting to know if our home can possibly be awarded to me or if any property settlement will be awarded?
Alyson's answer
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Answered on January 20, 2014
The house will likely be considered your husband's separate property. However, there are a few things to consider that may allow you to stay in...
Can a voluntary early retirement justify for modification of a recent modified child support case?
Alyson's answer
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Answered on January 16, 2014
The NCP must show a substantial change in financial circumstance to obtain a modification in child support. If he voluntarily retired, it can be...
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Been divorced for 4 years. Ex-husband wants to claim one of two of our kids on income tax.
Alyson's answer
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Answered on January 12, 2014
If you have primary custody of your children (more than 50% of the time) then you have the right to claim your children on your taxes.
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Divorcing and wife "found" someone I had an affair with.
Alyson's answer
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Answered on January 11, 2014
It can be determined that your wife condoned the affair if she knew about it and decided to stay in the marriage. If she did not know about the...
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Spouse married me for legal status. We are about to get a divorce.
Alyson's answer
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Answered on January 11, 2014
If you file for divorce, there will likely be a Standing Order in place preventing the father from taking your child out of the country while the...
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In the state of Georgia, what would constitute an ex-wife being able to consider, or have access to, a new wife's income?
Alyson's answer
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Answered on January 11, 2014
Your husband's ex-wife cannot come after your home. Your income can be considered in determining child support. Your spouse's ex-wife can only...
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In a divorce/child custody case, what type of information does a lawyer gathers during the "discovery" process?
Alyson's answer
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Answered on January 11, 2014
I agree with my colleges that the discovery process can be very broad. It is best to ask discovery questions that are relevant to your specific...
