What is the name of your state (only U.S. law)? Louisiana
When I was married I lived in one parish (county), but once separated I moved to another parish to live with my sister and get back on my feet. My ex-wife hit me with a covenant marriage clause and we had to be separated a year before an actual divorce. In that time I moved into my own place in the same parish as my sister. My ex was still living in the house we shared in the old parish. As soon as the year was up she filed for divorce on grounds of adultery (because I had been dating another woman during the last couple months of our separation - she was dating a guy during that time too, but she neglected to inform the court of that...) Anyway, she filed the divorce in the parish where I was living which happened to be the same parish that her politically connected father worked in. All the judges knew him and subsequently the divorce went through as she wanted, adultery charge and all. My understanding is that she was within her rights to file in that parish even though she didn't live there, because I was living there at the time. But they incorporated my child support and visitation in the divorce in this parish and that is not where my son lives, he lives in the parish his mother lives in. Shouldn't the child support and visitation be done in the parish the child resides in? If so, can I do something about having that changed? This was all done over 10 years ago - the politically connected daddy is now in his grave and his name doesn't carry any weight in the parish my son and ex actually live in. My attorney at the time was actually scared when she heard my ex's family name and told me to just "take the deal" as is... what did I know, I'm just a working man, I know nothing of the law. I can't afford a lawyer at this time but wonder if it's feasible to have the parishes changed and re-evaluated in the parish my child resides in. I wouldn't worry about it so much except for the fact that I work a full time job while the ex sits on her butt at home doing nothing (she has a college degree, just doesn't want to work) and collects the child support which is extremely higher then some of my co-workers pay for their children. I know I could ask for a re-evaluation of the amount, but in what parish should I do that in and how do I change parishes if I can?
When I was married I lived in one parish (county), but once separated I moved to another parish to live with my sister and get back on my feet. My ex-wife hit me with a covenant marriage clause and we had to be separated a year before an actual divorce. In that time I moved into my own place in the same parish as my sister. My ex was still living in the house we shared in the old parish. As soon as the year was up she filed for divorce on grounds of adultery (because I had been dating another woman during the last couple months of our separation - she was dating a guy during that time too, but she neglected to inform the court of that...) Anyway, she filed the divorce in the parish where I was living which happened to be the same parish that her politically connected father worked in. All the judges knew him and subsequently the divorce went through as she wanted, adultery charge and all. My understanding is that she was within her rights to file in that parish even though she didn't live there, because I was living there at the time. But they incorporated my child support and visitation in the divorce in this parish and that is not where my son lives, he lives in the parish his mother lives in. Shouldn't the child support and visitation be done in the parish the child resides in? If so, can I do something about having that changed? This was all done over 10 years ago - the politically connected daddy is now in his grave and his name doesn't carry any weight in the parish my son and ex actually live in. My attorney at the time was actually scared when she heard my ex's family name and told me to just "take the deal" as is... what did I know, I'm just a working man, I know nothing of the law. I can't afford a lawyer at this time but wonder if it's feasible to have the parishes changed and re-evaluated in the parish my child resides in. I wouldn't worry about it so much except for the fact that I work a full time job while the ex sits on her butt at home doing nothing (she has a college degree, just doesn't want to work) and collects the child support which is extremely higher then some of my co-workers pay for their children. I know I could ask for a re-evaluation of the amount, but in what parish should I do that in and how do I change parishes if I can?