Questions Answered by Beverly L. Cohen - Justia Legal Answers

• 13 May 2013Q: Can I change some of the terms in the divorce paper after i've already signed them?
  A: Generally, no, but it may also depend on what terms you want to change. Certain terms and provisions can be changed by filing a modification action. Provisions for Alimony, child support, custody, and visitation can be modified if certain requirements are met. The terms and provisions related to the division of property cannot be modified.
• 13 May 2013Q: My kids mother has cancelled child support more than 3 times and is now threating to turn it back. how can I stop this?
  A: I do not understand the question. Can you explain how the mother has cancelled child support and what you mean by threatening to turn it back?
• 3 May 2013Q: Ex filed mod for CS w/12 mnths left. orignal order for 700/mnth for 2 kids. 1 in college 1 in HS. chance of reduct?(GA)
  A: Unfortunately, you have not asked a legal question that can be answered here. Modification of child support is based upon a change in the income and/or financial status of either parent since the previous order for child support. The modification must also be in the best interest of the child. Even if you can prove an increase or decrease in income and/or financial status, the judge still has discretion as to whether or not to modify the child support. The judge also has discretion to award attorney fees but only to the prevailing party.
• 28 April 2013Q: How long can a minor be left alone in the state of Georgia?
  A: There is no law on the issue. How long a child can be left alone would depend on the age and maturity of the child.
• 28 April 2013Q: My Mother passed away and a new will was introduced, but my mother did not date it, can we invalidate for this reason?Ga
  A: Whether or not the will is valid will be up to the probate judge in the county where your mother was living at the time of her death.
• 28 April 2013Q: If a man finds out he has a 5 year old, can he liable for back child support?
  A: In Georgia, child support cannot be awarded retroactively. What the father can be liable for is the reasonable expenses of the child from the date of birth until the time child support is awarded.
• 28 April 2013Q: MY CHILD IS 18 AND OUT OF SCHOOL CAN I STOP PAYING CHILD SUPPORT
  A: Georgia law requires child support to continue until the child turns 18. However, if the child turns 18 before the child has graduated from high school, child support must continue until the child graduates but not past the age of 20. My advice is to read the court order that requires you to pay child support.
• 18 April 2013Q: What if a parent wants to give up their parental rights of a minor child but the courts want listen what should they do?
  A: In Georgia, a parent cannot voluntarily give up their parental rights to a child unless the child is being adopted by someone else such as when a child is being adopted by a step-parent. The only other time parental rights can be terminated is when the state files such an action in Juvenile Court.
• 18 April 2013Q: How do I answer a petition for termination of parental rights
  A: The termination of parental rights is a serious issue and should not to be taken lightly. Before taking any action yourself, I suggest you seek the advice of an attorney who can review the petition and advise you accordingly.