Legal Question in Family Law in Virginia

Child Support

My husband and his ex-wife were divorced in New Mexico. Both parties have moved out of the state of New Mexico. The ex wife lives in Ga and we live in Virginia. Is the New Mexico decree still valid? How will child support be recalculated? My husband and I have a child together and I have two children from a previous marriage. The other concern I have is that the cost of living in the DC area is so much higher than in a small town in SE, GA. Will any of this be factored in if child support needs to be recalculated?


Asked on 5/09/06, 9:37 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support

The New Mexico decree continues to be valid. Merely because the parties have left the state in no way invalidates the decree.

Child support will not be recalculated unless one of the parties petitions the appropriate court to have it reviewed and adjusted, if appropriate.

The cost of living in the DC area would be irrelevant to the factors which the Georgia state child support guidelines would take into consideration in determining what your huband's adjusted child support should in fact be, should Georgia be petitioned to consider the matter.

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Answered on 5/09/06, 10:15 pm


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