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Lawdoctor
Lawdoctor, Lawyer
Category: Legal
Satisfied Customers: 1400
Experience:  22+ years legal practice including corporate, business, criminal, entertainment and litigation
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Have been seperated for almost 6 months(we both reside in Georgia)

Customer Question

Have been seperated for almost 6 months(we both reside in Georgia) , we have children, should I file for legal seperation first then file for child support ? or does it even matter if I do or dont since Georgia doesn't recognize seperations?
Submitted: 4 years ago.
Category: Legal
Expert:  Lawdoctor replied 4 years ago.
Dear Customer:

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

If you have a marital home, do not let him drive you and the children out of it. You should file for spousal and child support. If he is threatening you, then you should seek protection from the Courts. If you cannot afford an attorney, see if Legal Aid can assist you or direct you to an attorney who will take your case on a reduced fee or defer the fee until they can get the court to order him to pay for your attorney.


Here is the link to Legal Aid:

http://www.legalaid-ga.org/GA/index.cfm/index.cfm

I wish you and your children the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

Customer: replied 4 years ago.

We have 6 children together, we've been married for 8 yrs, I've been a stay-at-home mom/wife the marriage, he moved out 6 months ago into his own apartment 45 miles from the children & I. He works full time & send money when he gets paid by doing transfers to my bank account from his. He bought the home the children & I are in 2 yrs ago in his name, We file joint for our taxes a few days ago & he states he doesn't want me to get half or any of the money at all. We're suppose to get about $22,600 back & he only wants me to get $5,000 of it for the kids & I. We're getting a physical check so he needs me to cash it. But he states that if I don't only take $5,000 & let him have the rest that he'll just with hold money from his check that he 'normally' gives until it equals the tax refund he feels he's deserves. And now he's threaten me over the phone that I need to move out of his house, it's in his name & he can come & go in the home as he pleases & I can't change the locks either. There has been yrs of physical abuse & he's even gone to jail before & counseling with probation 2yrs ago. Police told me that he can come & go as he please until he makes a clear threat to harm me , I can not get an police report that I need to get a protection order. So I feel like as if Im at his mercy (so to speak) . The only thing I can think of is to move when I can save money & get whatever I can from tax refund so he can't make me feel afraid of him intruding on me or where I live at.

So can I file for spousal support & child support before a divorce by filing for a legal seperation???

Expert:  Lawdoctor replied 4 years ago.
I am very sorry to hear of your situation. Yes, you can file for support before filing for divorce. If he has been on probation for abusing you, I don't see where the police say he can come and go. You should change the locks if you feel you need protection from him.

I want you to contact Legal Services tomorrow and get an appointment as soon as possible. Let them know that he is threatening you financially and physically again and that he has beaten you in the past. The house is marital property no matter how he titled it and you have the right to be there. Don't let some ignorant officer try to tell you that you don't have the right to change the locks on your own house.

Please, please contact Legal Services tomorrow and get this going because he is going to continue and when the IRS check comes in and you refuse to sign, he may erupt into violence and you should not put your self or your children in that position.

My prayers are with you.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor, Lawyer
Category: Legal
Satisfied Customers: 1400
Experience: 22+ years legal practice including corporate, business, criminal, entertainment and litigation
Lawdoctor and 11 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thank you so very much. I will follow your advice & contact Legal Aid-God Bless.
Expert:  Lawdoctor replied 4 years ago.
God bless you and your children. Thank you for the bonus. It really is my pleasure to help customers like you who really need the help we provide here. It is very satisfying for me to know that I have been able to give you some peace of mind.

Please do not hesitate to call 911 if he comes there and threatens you or the children. do not take any chances.

Also, here are some links for information and education on abuse:

http://www.focusministries1.org/supportgroupinfo.asp

http://www.gcadv.org/

http://www.aardvarc.org/dv/states/gadv.shtml

http://www.gadfcs.org/familyviolence/shelter_list.php

http://www.womenslaw.org/gethelp_state.php?state_code=GA

http://www.wrcdv.org/

I will keep you in my prayers.
Customerbr />

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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Lawdoctor
Lawdoctor
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22+ years legal practice including corporate, business, criminal, entertainment and litigation