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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Wife and kids live in WA. I currently live in GA, and pay child

Resolved Question:

Wife and kids live in WA. I currently live in GA, and pay child support.
I'm filing a petition to modify the amount, since it had been three years since the original divorce.
I'm filing tomorrow in WA, but just learned that she is filing in GA.

Can she do this? She and my kids have been living in WA for three years. The modification has never been modified, and I'm current on my payments.
Submitted: 6 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 6 years ago.

A Petition to Modify Child Support can only be filed in the Court which has jurisdiction of the case. If the original child support matter was heard in Georgia and the case was never transferred to another Court, then the original Court still has jurisdiction and that would be the only proper Court to file an Petitions.

 

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ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Customer: replied 6 years ago.
I went to an attorney in GA, and she said I needed to file in Washington State. Since my ex-wife and my kids live in WA, Benton County. that is where any modification would need to be done. Are you sure you're correct?
Expert:  Andrea, Esq. replied 6 years ago.

I am positive of my Answer. Ask that attorney to refund any money you paid for that advice.

 

Where there is an open case in one state, here, Georgia, another state will not usurp jurisdiction; This is what the "Full faith and credit clause" of the United States Constitution is all about. If the mother of your children wants to file in Washington, she must first transfer the case from Georgia to Washington. Although Washington would be the appropriate jurisdiction to file anything, she cannot file in Washington while a case is still open in Georgia.

 

___________________________________________________

 

 

That is the only way I get paid

 

Positive Feedback, BONUS are not required, but are greatly appreciated

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

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