Should I Fill out Financial Affidavit even if I've already started child support case

What is the name of your state (only U.S. law)?
Alabama
I have already started a child support case in Alabama in Sept 2011. My husband is in Georgia and just had a lawyer send me a Financial Affidavit form to fill out. I've told him that I've already started child support case here. Should I fill out this form that his lawyer sent me or will that hurt my case that's already in progress?What is the name of your state (only U.S. law)?

How long have you been in Alabama?

I've been in Alabama for 20+ years....Moved and then moved back before my child was even conceived. Child conceived in Alabama in Feb 2010, had him in Nov 2010. Did child support paperwork in Sept 2011 and now my husband (soon to be ex) is telling me that they need this form filled out to finish the divorce process. But I don't want to sign anything that will hinder my case here in Alabama.

Do you have separate cases for the divorce and the child support?

I don't have a case for the divorce. I only have one in progress for the child support. He is saying that the case he is trying to make is an uncontested one and that the financial affidavit is needed in order to complete the divorce process as well. I don't see why I would need to fill that out when I already have a child support case in order and he's going to have to come to this state when the court date is set anyways.

Has he filed for divorce?
How long has he lived in the other state?

Yes he has and that's where the financial affidavit came from, the law office he went to in Georgia. He's been there since April 2010.

prbyandreac said:

Yes he has and that's where the financial affidavit came from, the law office he went to in Georgia. He's been there since April 2010.

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I don't think I would do all that through Georgia and cede jurisdiction to Georgia, especially since you and the child are residents of Alabama and you have already contacted DHR to handle the Child Support. But I'd also check with some of the folks below to verify.

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

Fulton County Family Court - Home - Family Court This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

DeKalb County Police Department This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

Cobb County Government This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

Northeastern Judicial Circuit Family Law Information Center and Guardian ad Litem Program - Hall County, Georgia This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

Appalachian Family Law Information Center This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

LegalAid-GA.org | A guide to free and low-cost legal aid, assistance and services in Georgia This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: GSCCCA.org - Georgia Superior Court Clerks' Cooperative Authority.

DHS-OCSE


Child Support guidelines/calculators here: DHS-OCSE

TheGeekess said:

I don't think I would do all that through Georgia and cede jurisdiction to Georgia, especially since you and the child are residents of Alabama and you have already contacted DHR to handle the Child Support. But I'd also check with some of the folks below to verify.

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Absolutely. Be very careful about how you respond. It is likely that your response should be limited to "Georgia does not have jurisdiction". If you start responding with more information, you may be ceding jurisdiction to GA - which would almost certainly make things more difficult for you. Use the self-help information Geekess provided or contact an attorney.