Question for non-custodial parent


#1

I’m not sure about this but if the child lives with his ex in GA then the child support probably needs to be filed for there…

Basically, he should file for modification of child support and use the guidelines for an amount. I don’t know if GA has the same guidelines or similar but certainly he should be able to get the amount modified if it is more than 50% of his salary.


#2

He should contact an attorney in Virgina to find out about transferring jurisdiction over child support, to Georgia. Once it is transferred he can file a motion to modify child support and ask the court to set a new amount of support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I am asking this question for my fiancee. He and his ex-wife separated, and sometime after the one-year separation, he moved to North Carolina, from Virginia. She stayed in Virginia, and had a divorce and support agreement done up. My fiancee just agreed to everything. I could wring his neck for that, because he agreed to pay $500/mo. in child support for one child, even though he was unemployed at the time. Also, NC cost of living is much less than the DC metro area of Virginia they were living in.

His ex has since moved to Gerogia, and he just pays his support by depositing it in her bank account. But, the payments are too big and he cannot afford them.

He hired a lawyer, who virtually did nothing and fired him. Now what?

I was reading through the child support enforcement webiste, and it said the support order should be carried out by the state in which the non-custodial parent lives, but I saw nothing saying how he would apply to become a client of the NC child support enforcement. Do they only work for the custodial parent? In that case, what should he do?