Legal Question in Family Law in Georgia

My ex separated from the military a year ago, and now claims to be working a 100% commission job that doesn't pay much. He has a daughter from his first marriage, two from our marriage, and one from his current marriage. Our 2012 Pennsylvania divorce decree states that he pays $850 in child support, but recently he claims he can't pay that amount anymore. The kids and I have lived in GA since 2011, and he's remarried living in MD. He has been sending $200 a month, and refuses to send anything extra and it's causing a serious hardship on me and the kids. I'm a full-time student and not working myself. I have three semesters left and without the full amount of child support helping to pay for daycare and other necessities the kids need, I feel I may have to drop out of school and take some low-paying job just to try to make ends meet, vice working in the medical field to secure a better financial future for my family as I'd hoped. I'm also afraid that if I open a child support case with GA for child support services, he will lie about his pay, and the kids will receive a lot less than what we agreed on. The child support in our divorce decree was what we mutually agreed on, not what a judge ordered. I don't have money for a lawyer, so I feel like my kids are going to get the short end of the stick if I try to handle this alone. Will child support services recalculate the child support amount stated in our divorce decree immediately, or after three years? Will he be able to request a modification immediately? With us living in separate states, and the divorce decree finalized in another, will GA courts take jurisdiction since the kids live here? This is so frustrating and hurtful because he doesn't ask about the kids, send anything extra on birthdays or during the holidays, nor has he made any effort to see them since we separated in 2010 - it's like they don't even exist to him, and now he doesn't want to financially support them as agreed.

I don't know what to do.


Asked on 4/19/14, 3:48 pm

1 Answer from Attorneys
Tahira Piraino Tahira P. Piraino

You have a jurisdictional issue. Neither of you reside in the issuing state. You need to have the order domesticated in Maryland for purposes of enforcement. I suggest you start by contacting child support enforcement in Pennsylvania and request the order be transferred to Maryland for enforcement.

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Answered on 4/21/14, 6:39 am


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