fisherman said:
My TN business just went under and my bankruptcy is now final but I am left with nothing. I have a potential job in another state where I use to work but the wife has told me she will not follow and will stay here because she will not leave her parents. Where does this "refusal to leave" leave me concerning allimony and child support?
My response:
Well, it sounds to me like your relationship is dead. Whenever a spouse decides that someone else is more important than their marriage to the other spouse, things are definately not "looking up".
While married, you still owe a duty of support to both wife and child. Financial abandonment is not looked upon lightly by any court in the Union. Therefore, I would suggest that you at least come to some interim financial agreement with your wife before you leave.
Then, when you have enough money saved up, you'll need to file for a dissolution of your marriage in Tennessee because that's where your child resides.
You'll obtain an Order of divorce, along with orders for child support, visitation, and custody.
Good luck to you.
IAAL
