Intimidating EX-is a lawyer! Help

What is the name of your state? Georgia

If my ex husband, the attorney, had not always been so intimidating, I would have taken him to court for modification years ago and I would never have agreed to $400 per month. Now, my son is 16, he's dropped out of high school and I'm unemployed. (I've always been a workaholic professional, but now-I really need the child support modification).

Thing is, who'll represent me? He lives in another county. I've called all over Georgia and no one wants to take my case and go against another attorney.

Here's what I posted on the other forum without much response:

My ex-husband is a well to do attorney. In 1988, my divorce decree stated he would pay $400 per month in CS. By my request it was gradually increased to $625 and remained there for almost 10 years. My son and I have experienced more than our share of problems. I lost a very good job. He has been in and out of the juvenile justice system. His behavior is much better the last few months, but he has withdrawn from high school(at 16) and is currently attending a technical college in preparation of his GED. All of these problems have irritated my ex husband into cutting the child support back to $400--where it was 10 years ago. His income is over $150,000, but he has 2 other children. Do I have a case for modification? How will my son's not attending high school affect the legal outcome?

[I AM ALWAYS LIABLE]

My response:

What is anyone supposed to tell you?

You're afraid of your ex, no one will take your case, and you've lost your job (so now, you can't pay a retainer fee). Unless you're willing to do this on your own by buying a book on the subject at your local Barnes & Noble bookstore, despite your fears about your ex, what are we supposed to do for you?

What would you like us to tell you?

IAAL

I have funds to pay a small retainer($500) and could borrow from a family member. I also think there is a chance a judge may award legal fees paid since my ex has actually cut the child support he has paid for over 9 years-- knowing I'm unemployed.

What I want you to tell me is----Could it hurt us worse if I go to court? Could a judge say, you don't get any child support because your son quit school?

[HomeGuru]

**A: Could it hurt us worse if I go to court? Could a judge say, you don't get any child support because your son quit school?

There, I told you.

[Seanscott]

Are you implying that justice is for the rich? Our American court system? I thought everyone knew that.

Mock

To my knowledge, in most if not all states CS ends if the minor child drops out of HS. According to [url]www.Divorcenet.com,[/url] CS ends when a child turns 18, or finishes HS, whichever comes first, ending at age 20 in any case. I don't if attending a Tech College with the intention of obtaining a GED counts or not. If you should decide to pursue this "modification" despite the knowledge that this board has imparted to you, then good luck.I suggest you start calling for free or low costs consults with attorneys if you want. But I can't find anywhere in GA divorce statutes other than to suggest if your son has dropped out of HS, then in all probability, your ex's CS obligation has ended. Your ex, barring some mutual agreement between the two of you when you divorced in 1988, has no obligation to provide support for any post secondary schooling. If it were me, I'd keep my mouth shut and hope he keeps paying you $400 a month until your son turns 18.

Sorry you are in a poor financial condition now.

According to GA child support statutes, child support continues until a child reaches the age of majority, unless they are still enrolled in school then it continues until they finish, not the other way around. He is still a minor whether he is in school or not, unless he's been emancipated by the court. I have found nothing in the Georgia Codes that would lead me to believe that a court would stop child support because a child is not enrolled in school. I have understood it to be until the child becomes a legal adult, or if the child can support him/herself before such time.

Thank you so much. I searched my attic and found my copy of the original decree. It states "...$400 per month shall be paid in CS until said chil dies, marries, reaches the age of 18 years, or becomes emancipated or self-supporting, whichever shall first occur"

I found a list of conditions for modification on the net last night. ([url]www.nolo.com[/url])It list temporary economic hardship as a reason for temprary modification. It list these conditions for permanent modification: Additional income from remarriage, changes in CS law, job change of either parent, disability of either parent, or needs of the child. It also list cost of living.

The CS laws have changed since 1988, I make a lot less money and the cost of living has definitely changed.

I have found an attorney in a nearby county to my ex who is willing to talk with me. She wanted to meet me in person, but has not agreed to take my case.

Would you go for it if you were in my shoes? Thank you!

[Whyte Noise]

The reason you can't find anything in any of the Georgia statutes is because Goergia doesn't have an emancipation statute. Juvenile judges have granted a minor emancipation on occasion, but thats on a case by case basis, and based on the evidence. Otherwise, the only way to emancipate is by turning 18. Being self supporting as a minor isn't an act of emancipation in Georgia as it is in some states. But for the purpose of ending child support obligations, it's relevant. There are no statutes that say him not being in school emancipates him. There are no statutes that say he HAS to be attending school to recieve a CS ruling. Fact is, if he's still living at home with you, not working, and attending GED classes, he's not self-supporting. If he's not 18, he's still a minor. As for your question of if it could hurt you that your son isn't in school, and could a judge say that you don't get any child support because your son isn't in school..... yes, it's possible. A judge can interpret laws and affix judgements in any way they see fit. That's what their job is. There's no basis for a judge to say that in the statutes, but as a human and an individual, he can interpret how he sees fit. No one can tell you what the outcome will be, all we can do is advise you on what the laws say "should" be. And nothing in the statues say that your son being out of school is a reason for denying a CS modification.

Thank you!

[nailtech]

19-6-15 G
*** CODE SECTION *** 12/03/01

(e) The duty to provide support for a minor child shall continue
until the child reaches the age of majority, dies, marries, or
becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.


I just copied the paragraph needed, but the whole code could be found at...

[url]http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/19/6/15&highlight=not[/url]|attending|school

Thank you so much. I'm saving your reference.

Do you think this law would still apply since our order was from 1988?

[nailtech]

I'm not sure what to tell you, I think you need to copy the code on a word document and also the one where the cost of living increases print them and take them to your meeting with the attorney...

I believe you have a heck of a fight on your hands since your ex is a lawyer, it's going to be hard to find someone to go up against him, but you know that already,... I wish you luck, and if theres something I can look up for you don't hesitate to ask.. I have insomnia most nights and I like helping people so at least someone benifits from my lack of being able to sleep..lol.... if you click on profile under on of my post, you can find my email addy...

good luck...

Thanks for your info.

I met with an attorney Friday and she wants a week to consider. I'm going to wait a week before I try to contact another attorney. She also wants more of a retainer than I have planned to spend.

There is another attorney, who is located about 60 miles from the courthouse where everything needs to be filed. I'm told he's very good and he's also a lawyers-lawyer. I wonder if I should bother to call him. If he's that good, would he even consider representing me without a huge retainer?

[nailtech]

your not going to get out of this cheap, thats my opinion. either way you go its going to cost you,.. its just a matter of how much you want to spend and how bad you want to show the ex he's not in total control and no matter how good he thinks he is, there's someone out there better then him....sometimes it's principal, but it still costs**************. JMO...