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I just got out of the hospital after several months of Chemo…

Customer Question
I just got out...

I just got out of the hospital after several months of Chemo to find out my wife wants a divorce. Im 59 and on long term disability and probably wont be able to hold down a full time job certainly not a the level I had before. My cancer requires on going treatment. I am thinking I need to avoid alimoney. If I move from SC to GA the laws are not as supportive of alimoney. can I file their and avoid alimoney?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

We live in South Carolina (SC)

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes but only for an intro consultation

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes In sorry hold

Submitted: 7 months ago.Category: Family Law
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Answered in 8 minutes by:
11/27/2017
Family Lawyer: JD 1992, Lawyer replied 7 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 7 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Family Lawyer: JD 1992, Lawyer replied 7 months ago

You would have to live in the new state the required time, which I believe is six months. Prior to the six months SC would have jurisdiction over the divorce.

You may also want to talk to a lawyer and see what the chances are of you getting alimony from your wife in each state, if she has a source of income. There is nothing that says only a husband can be required to pay alimony.

But, once you have lived in GA for six months then that state acquires jurisdiction over the divorce. It makes it even better if she moves there as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Customer reply replied 7 months ago
ID be moving there alone for the purpose of avoiding alimony I get SS Long term disability and aid to dependent childern. My wife only makes $11 hr and only has a HS degree. I have a Bachlors and was making low 6 figures before I got sick. If I were to stay in SC what do you think about how much the alimony would be or the probability? Child support?
Family Lawyer: JD 1992, Lawyer replied 7 months ago

I couldn't begin to tell you what the judge would be likely to order in alimony. There are no set formulas mandated by the courts or the legislature, the way there are in child support, and you can go into one judge's court and the spouse will get $300 in alimony, another will aware $1000, and another will award higher than that.

Your case is unique in that you have medical conditions.

Child support is based on a strict formula. You can see hat it would be by using the free calculators at:

https://dss.sc.gov/child-support/calculator/

or

http://www.alllaw.com/calculators/childsupport/south_carolina

Both of these will be within a few dollars of each other and will be within a few dollars of the amount the judge is almost certainly going to order.

If your children remain in SC and you move to GA then the SC courts will retain jurisdiction and GA will never fully get jurisdiction. If you file in GA then all she has to do is file in SC and take the position that the kids live in SC and that is where the courts will handle the entire divorce, since you can't really do part in one state and part in another.

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