Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
11/27/2017
Family Lawyer: JD 1992, Lawyer replied 4 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Family Law Question
Family Lawyer: JD 1992, Lawyer replied 4 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.

Ask Your Own Family Law Question
Family Lawyer: JD 1992, Lawyer replied 4 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.

Ask Your Own Family Law Question
Customer reply replied 4 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 4 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.

Ask Your Own Family Law Question
Was this answer helpful?
Ask JD 1992 Your Own Question
JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing Family Law in 1992

JD 1992 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My final divorce order states my child support and that I
My final divorce order states my child support and that I will pay until my child reaches 18 or graduates. My ex wife requested a modification in the support only, when I received the final order it n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
In New York State, is both alimony and child support based
In New York State, is both alimony and child support based off NET or GROSS income?Additionally, if it is NET, does the NET include all taxes? All federal, NY State,local income taxes in 2018?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
If I was paying child support and alimony to my ex and now
If I was paying child support and alimony to my ex and now my daughter is living with me does my ex now have to pay me child support? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a question about alimony and child support paid in
Hi have a question about alimony and child support paid in excess and at the end of year … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,069 satisfied customers
Paid alimony and child support year. At the end of year
Paid alimony and child support year. At the end of year recalculated payments as per agreed up on percentage of alimony payments. Due to payroll cutoff dates and severance payments, about $2500 was pa… read more
Sean K
Sean K
Attorney/Member
JD
441 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
441 satisfied customers
Who will pay the alimony? Is the spouse ask for divorce?
Who will pay the alimony? Is the spouse ask for divorce? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My wife wants a divorce and doesn't want alimony or child
My wife wants a divorce and doesn't want alimony or child support. We live in Calif and kids are 2 & 3. Will the State still require me to pay? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
How much are your fees. LA. My divorce is final. alimony
my divorce is final. alimony payments over. I need information on child support reduction/elimination as one child is graduating from HS, eliminating her child support, and the other 16 yr old has been living with me exclusively for past 6 months. he turns 17 end of june. sorry so long … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
I pay child support in Texas. My divorce decree states "If a
I pay child support in Texas. My divorce decree states "If a child is eighteen years of age and has not graduated from high school" that I pay child support. Also, "If a child is eighteen years of age… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,821 satisfied customers
In Florida. Divorced in 2013. Applying for alimony
In Florida. Divorced in 2013. Applying for alimony modification and my after a year and a half, my attorney withdrew. I am now pro se. My Ex is represented by an attorney I confided in in 2013, howeve… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex will not pay alimony. He paid until child support was
My ex will not pay alimony. He paid until child support was done and now he owes alimony for one more year, how can I get it? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x