Legal Question in Family Law in Georgia

counterclaim response

I filed for a change of custody and child support. My ex-husband filed an answer and a counterclaim for contempt. Can he do this being that our original was held in a different county ? He has taken me to court for contempt before but could not do it in the county he lives in only where the original was filed ?


Asked on 12/18/05, 9:53 am

2 Answers from Attorneys
Eric Ballinger Ballinger & Associates

Re: counterclaim response

Normally contempt must be filed in the county where the original decree was obtained. One exception is that a contempt for child support can also be filed in the county where the person in contempt lives. Regardless, since you filed a petition for modification, the court can consider that you have consented to the authority of the court in the county where your ex-husband lives and can hear the contempt in resolution of all issues pending between you and your ex-husband at once.

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Answered on 12/18/05, 12:20 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: counterclaim response

Well, anybody can file anything. You should consult with a local attorney to review all the pertintent documents. Jurisdiction will be determined by a number of factors.

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Answered on 12/18/05, 6:34 pm


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