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Nov 07
2009
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Ask a Lawyer: Pathological Lieing WomenPosted by Dads Divorce in Rules , Procedures , GA , Ask A Lawyer |
Question:
How have you or all the Father's across the country dealt with a Pathological Lying ex? She has 5 children by 4 men. She has had 4 abortions; 1 forced by parents and the other 3 were used as birth control. She held other things back because she knew I would not marry her if truth be known. Second son came about by cheating on her first husband with a married man. Our divorce was finalized Dec. 13, 2006 and she is remarried by Aug. 14, 07. I just spent the night in jail on the night of Labor Day because of her lies. She broke the divorce decree by allowing her boyfriend to spend the night while my son was in the house on top of the other 4 children that she has. What about the rights of the children? What about my son
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Nov 07
2009
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Ask a Lawyer: ModificationPosted by Dads Divorce in Maintenance , GA , Child Support , Ask A Lawyer |
Question:
I have several details. 1 - My ex-wife is the custodial parent and we had a modification to our original divorce decree in GA back in 2002. She moved to South Carolina, ignoring the stipulation in our divorce decree that if either of us move more than 60 miles from Atlanta, GA, then we would have to agree on visitation arrangements or go to court for a modification. I can no longer give in to her demands which are very unrealistic, and may want to explore options to modify the time and expense involved. 2 - Both of us have had substantial increases in income, and I would like to look at re-leveling the child support under the new guidelines in Georgia with shared expense and my other two children factored in. Basically, my ex-wife just built a $400K house for her and my daughter on a $60K/year income, and I struggle to pay my bills in our household with a $100K income... Please let me know if this would be worth pursuing. The last time I went to court, I won on all three items I was pursuing, but was ordered by the judge at the last minute to pay all lawyers fees on both sides and it was labeled an arrearage...
Answer:
I am not licensed in Georgia. However, if your ex moved to South Carolina against the court order you will probably have grounds to modify. How long did she move? If it has been several years then it is unlikely to be grounds to modify custody but it is still worth pursuing to address visitation and cost of travel issues. As for child support, use the online calculators on dadsdivorce to get an idea if your support would change.
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Nov 07
2009
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Ask a Lawyer: COMPTEMPTPosted by Dads Divorce in Visitation , Parenting , GA , custody , Ask A Lawyer |
Question:
I have custody of my 9 year old daughter. I have had custody for about 4 years. My ex wife is always doing things against the court order. Can I file contempt without lawyer?
Answer:
Every state will have differing laws on this issue. I am not licensed in Georgia so you should consult an attorney in your state before taking action. Most states will allow you to represent yourself. Keep in mind that you will be held to the same standards that attorneys are if you chose to go it alone. If the contempt is non-payment of child support contact your local prosecutor. Many prosecutors will assist in the enforcement of child support at no cost. If the contempt is something other than support contact your local bar association or legal aid for guidance. There may be low or no cost attorneys available or free forms. Keep in mind that if your ex is in contempt it may be possible to get an award of attorney fees.
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Jul 05
2009
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Ask a Lawyer: Answering complaint after 30 daysPosted by Dads Divorce in summons , Rules , response , Procedures , petition , GA , ex parte , default , Ask A Lawyer , answer |
Question:
I filed for divorce on 6-15-2005. In the complaint, it states in the summons: "To the Above Named Defendant: You are hereby summoned and required to file with the Clerk of said court and serve upon the Plaintiff's attorney, whose name is: (Name & Address of my attorney) an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint" The relief I demanded was no-fault divorce, custody of our 2 minor children, and an equitable division of our marital assets. The deadline for my STBX to answer was 7-29-2005. My attorney heard nothing from her until 8-30-2005. He said she answered. I asked him whether that was allowed, he said yes because there are minor children involved and the court allows latitude because of the kids. I called the Civil Clerk, and someone in that office told me the same thing. It still doesn't sound legal. Is the court allowed to go back on its word like that?
Answer:
I am not presently licensed in the State of Georgia and therefore cannot answer you question specifically to the laws of that State. In my jurisdiction, you could have had a default hearing as early as July 30, 2005. However, if she moved to set aside the dissolution and custody order on August 30, 2005 in all likelihood the court would have set aside the divorce judgment and allowed her 20-30 days to file an answer.
