Legal Question in Family Law in Georgia
Ex-wife keeping daughter in home for support checks
My daughter,13,has lived w/another family for 2 yrs.I got a letter from the father saying my ex wouldn't contribute anything financially,so,I had support checks directed to the family.(Divorce agreement says pay the ex ''until such time the child ceases to live w/the mother'')My ex has coerced my daughter,unwillingly,to return to her home,and is now suing me for what she calls ''back support''. She also wants the current order increased. I'm resigned to the fact that I'll have to pay the ex support again, but,given several facts: my ex REFUSES to work,lived in 5 homes in the last 2 yrs,had my daughter in 5 different schools during 99,and now lives in a 2 br. mobile home w/2 grown men- what can I expect the courts to do? If the court goes by income,I will be required to pay nearly 800.00 a month. I have been paying 300.00 since the divorce. I would have to file bankruptcy if I was required to pay this much, and provide my ex FURTHER reason NOT to get a job and contribute to my daughters support. Also, over the last 3 years, I have made monthly payments on 2 debts that my wife was ordered in the divorce agreement to pay.(a foreclosed VA loan,and a car loan.)
THANKS!!!!!
2 Answers from Attorneys
Re: Ex-wife keeping daughter in home for support checks
Since you are, as you say, being sued, that means that you will have the opportunity to present your side. You should immediately consult with a local attorney.
Re: Ex-wife keeping daughter in home for support checks
It is my understanding that you are not located in Georgia. To file an action for modification, your ex-wife would have to bring an action in Indiana (where you reside). You have an obligation to support your minor child as provided by the final divorce order. Have you considered seeking full custody of your minor child? Please consult my office for further consultation on the matter.
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