General Questions When You Don't Live In Your Home State and More...

[stealth2]

Mom can file in the current state at any point. She can ask the court to bar you from moving one or all of the children pending a custody determination. Your under-14yo will not get to choose where s/he lives.

You will be imputed an income for support - likely at the level you were last working. I would suggest that you start looking at work in other fields. And yes, more than one job. If nothing else, you need to support yourself and help support the children. Mom will have to find work as well - divorce does not support being a SAHP.

 

[mistoffolees]

1. If I have Zero $ coming in because I am unable to find a job, how do I pay for Alimony and child support?

That's not the court's problem. If you have zero income, you can present that as a reason to not pay alimony or CS at the time of the initial order. If the lack of income is voluntary, the court can impute income. Even if it's involuntary, they can impute some level of income (generally minimum age).

2. If my wife said, "You should go to Texas and find work" and "We'll stay here to finish the school year out"....and let's say i do that.. and then the letter comes in the mail...."you are hear by summons to appear in TN divorce court...blah blah...) then what then? Let's also say that i actually make it to the 3 month period (Texas requirement to be a citizen of Texas) and then this all goes down?

She can certainly do that.

The problem is that even if you're in TX for 3 months, that won't establish residency for purposes of divorce. You need to be there 6 months to file for divorce (and the same county for 3).

But even if you wait 6 months, the TX court will be unable to determine custody or child support matters since the kids are residents of TN. You really need to deal with the divorce in TN.

 

[Bali Hai]

That's not the court's problem. If you have zero income, you can present that as a reason to not pay alimony or CS at the time of the initial order. If the lack of income is voluntary, the court can impute income. Even if it's involuntary, they can impute some level of income (generally minimum age).



She can certainly do that.

The problem is that even if you're in TX for 3 months, that won't establish residency for purposes of divorce. You need to be there 6 months to file for divorce (and the same county for 3).

But even if you wait 6 months, the TX court will be unable to determine custody or child support matters since the kids are residents of TN. You really need to deal with the divorce in TN.

Alimony is treated differently in TX, probably in OP's favor.

 

[stealth2]

Alimony is treated differently in TX, probably in OP's favor.

Yes, but... it is more likely that TN will be hearing the case.

 

[tuffbrk]

OP - is there really no way that you and wifey can put off the divorce? Perhaps you can make her see that while you are unemployed, the last thing that you need to be doing is adding to the expense base (shred that Chase credit card btw). Instead, at this point, it is best to focus on becoming employed as opposed to dealing with a divorce that neither of you can afford at this point.

If it is at all possible, I'd strongly encourage you to go that route. Put it off as long as possible. If the market is weak where you are, look at any other market where you can domicile the family - like back home in TX where alimony is more limited.

Wifey has to also understand that currently there is no money to pay for anything. Even if you are imputed a salary equal to your former salary on which CS and alimony is based, until you are employed you will not have the ability to pay it. Yes, this will put you in a hole financially but if you don't have the money-how does she expect to keep a roof over her head and food in her belly? Worse, how will the kids be kept safe, warm and fed? As a SAHM, she will most likely be the residential parent and that means it would become her problem to solve. She expects to do so based upon CS and alimony but if you're not working and all that can be garnished is unemployment wages, what is her back up plan for making up the difference? You do see where I'm going with this right?

Once you have employment, benefits for yourself and your family, and have some type of job stability, then move forward with a divorce. To do so right now will result in nothing more than insurmountable problems for both of you.

Seriously - you two need to sit down and have a fact based, realistic conversation about your family and finances.

Either way - good luck to you.