Legal Question in Family Law in Georgia
Can a court/ jurisdiction retain jurisdiction forever on a past resident who moved out of state for purposes of contempt of support? or can the out of state party refuse jurisdiction because they are no longer a resident of the original issuing state and reside in another state ...therefore forcing the plaintiff to file her case with the CS enforcement dept or either domesticate the order in the other states jurisdiction and then pursue it privately in the state where the spouse in contempt is domiciled? Meaning that even if the contempt was not willfull, but the court still wants to imprison the party wouldn't he have the right to be imprisoned were he resides and not in some foreign state way away from his home....
if the spouse in contempt of support is not willfully in contempt by any means, is raising 2 other very young children own his own + a disabled current wife and struggling to work whatever meanial jobs he can find during the day just to stay afloat and keep them from being homeless, would they seriously consider imprisoning (b/c they always do irregardless of circumstance as i've seen) him and leaving his two children from current marriage and disabled wife to rot and become homeless??? I mean he is on every sort of government assistance available and still struggling really hard to survive and support current family and find a steady job again but has had no luck whatsoever. he never see's the child he owes support for b/c the ex quit honoring visitation when he lost his job, filed some crazy ex parte order accusing him of being a criminal and got it signed suspending all his visitation, canceled the hearing (which was scheduled 59 days after the ex parte) and has just let it ride claiming thats her excuse to keep this child from her father and her two half siblings (who the ex wife poisons the mind of the minor child with brainwashing that they are not her real sister and brother and she should hate them), now changes her story from original claim after he is now obviously not a criminal nor subject to any charges etc. and attacks the disabled stepmother as being an unfit parent with no basis whatsoever and refuses to sign for the checks the father does send via registered mail... blocks his number in her phone so that he cannot call their daughter just to talk to her and tells daughter when he calls from a random number and it gets answered to get on the phone and tell him "daddy I dont want to talk to you and I dont love you"... and oh yes--the ex wife states that if he divorces his current wife the ex says she'll let him be a father again to their daughter again and not imprison him for the past due support..... if not she'll "throw him in jail as long as possible and he'll never see his daughter (their child together) again... the list goes on.... and on...
Original jurisdiction and final order / decree issued in Chatham / GA. Ex wife resides in that jurisdiction still. Husband lives in SC and has for a long time. Husband tried to modify the support order long ago when first lost job but since not custodial parent Child support Enforcement refused to take it, he tried to do it privately by domesticating the order in SC and utilizing the UIFSA to initiate the support modification and ex wife objected and won. He cannot go back to chatham to modify it b/c they'll arrest him the minute he steps foot over there to show up at modification hearing by attaching a contempt hearing on the same day back to back on calendar..... sorry so long and confusing just a very heartbreaking story that I cant seem to get anyone to help him with and he has no money to hire an attorney in ga b/c every one is either conflicted out or wants $4k retainer. Also an issue where the judge assigned to case is pulling favors for her former buddy the father of the ex wife and b/c of the Uniform Superior Court rules in GA he cannot get another judge without a recusal motion for abuse of discretion (well documented) and no attorney in Chatham vicinity will file a recusal motion... I think he even filed one pro se but they just ignored it......Surely there is a solution to this disaster and surely the fundamental principles which our judicial system is so largely based upon is not lost... refering to the system being used as a sword in this case?????
If you think you can help and although I know we're not supposed to get emotional about this stuff but you are ticked off at the way this is going and can work a deal with him for something in return please post an answer and how to contact you...Surely someone will realize how wrong this is and take one for the principles of ethics which we hold in such high regard....
1 Answer from Attorneys
Give my office a call and schedule a phone consult. Once I know who all the players are I can tell you if I can help you.
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