Repost: Where to go from here


#1

Hello again!! Ok, so it has been determined that we would like to modify the child support and seek “impossibility performance” for the alimony based on the circumstances. In order to do so, it seems clear that we will need a lawyer to handle this.

Since the divorce agreement was filed in NC but the mother lives in GA and we live in SC…what state do we go to in order to hire a lawyer? Any guestimate on how much it would cost to have a laywer draw up the “impossibility performance” and modify the child support?

Thank you.


#2

To modify child support you will need to file in Georgia since South Carolina does not have jurisdiction over the mother.
As for the alimony, impossibility of performance is a defense, and not a cause of action. If an obligor truly cannot pay he will stop paying alimony and then it will be up to the payee to file a breach of contract action to seek alimony. The defense is impossibility of performance.
I cannot say how much this action will cost, it depends on how many hours an attorney has to work on the case, if it settles, ect. Most attorneys will ask for a few thousand dollars as a retainer and then bill hourly (anywhere from 175 and hour to 400 or so) deducting from the retainer.