Legal Question in Family Law in Georgia

live in florida, divorce granted in in savannah, ga

Divorced in savannah, ga in 1998, I moved to florida, he lives in Atlanta, GA, in our divorced decree he was order 2 pay child support monthly, he has defaulted amounting over 10 grand. try to file granishment of wages/modification of increase here in Orlando, FL courthouse, was told that they have no juridication over georgia final order. cant afford an attorney for legal advice (single mom), where do I start? Help, thank you


Asked on 8/05/04, 8:39 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: live in florida, divorce granted in in savannah, ga

You can't file a garnishment in a state different than where the funds are. With over 10K in uncollected support you don't need a dime to collect. Many collection agencies and collection attorneys would work that claim for a percent of the recovery (25-33%) with no fee unless they collect something.

It makes no sense to seek a modification when you can't collect the past sums, and that cannot be in the same action as a garnishment plus that must be in a court with jurisdiction anyway.

You badly need to sit down with a lawyer. You could destroy your collection chances with misfilings.

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Answered on 8/05/04, 8:43 am
Charles W. Field Charles W. Field, Attorney at Law

Re: live in florida, divorce granted in in savannah, ga

I would agree that you should consult with local attorney. However, if you know where he is employed, you can, by mail, file a garnishment against his eimployer for the back child support. You will have to file a motion to modify against him in the county of his residence.

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Answered on 8/05/04, 4:39 pm


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