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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11779
Experience:  JD, MBA
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My husband is out paying all these child support. They

Customer Question

My husband is burnt out paying all these child support. They recently took all our tax refund totalling $8,690.00 because he was behind. He is also lazy to do anything. I am his second wife and we have 2 boys together and currently married. My husband pays Child support to his ex wife with 4 kids. She has always live in Hinesville GA. What bothers me is that they both lived in GA but he went overseas to work. He came back to live with his parents in New York. New York is where the ex wife had the order was done. They were never divorced at all during this time. The divorce came afterwards. Now my husband and our two boys live in FL. My boys and I rarely see him home because he is an OTR(over the road) Truck driver. He kills himself working and I feel badly that I can't help out because I dont have my greencard as yet.
The ex wife is also getting married and the oldest daughter is now 18 graduated and doesn't live with her mother or the other siblings. What I would like to know if what should we do to relieve my husband of some burden. The man mentally broken down two years ago and I also had an episode myself in 2014. This situation has damaged my marriage. We spend more time apart than together as a family.
DCSS of GA told my husband today that he has to continue paying Child support even though the order is from NY. It was never domesticated to where in FLorida where we lived or to where his ex wife lives. What should we do?
Submitted: 6 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 6 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I'm really sorry to hear about your husband's troubles. I know that it can be quite a burden to pay for children in a prior marriage, and also to pay one's current spouse and children.

With regard to the daughter who is 18, your husband may petition the NY court to terminate child support. Having said that, the court may order that he continue paying if she is attending college. It depends on the specific facts and the judge who hears the case. But it's certainly worth a try. Something else that your husband may consider is filing in Georgia to have jurisdiction switched from NY to Georgia since that is where the children reside. It doesn't sound like NY is the proper venue anymore, since neither your husband, nor the ex wife, nor the children actually live there. Child support can be more lenient in Georgia than in NY. But until Georgia is requested to take jurisdiction, then NY will continue to have jurisdiction, and the Georgia courts must enforce the NY order.

I strongly suggest that your husband spend a little on an attorney right now to get the case transferred. It would be money well spent. The attorney should be located in Georgia (not NY or Florida).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

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