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Modify a court order when 1 child now resides with NCP

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gapeach7400

Junior Member
What is the name of your state?What is the name of your state? GA
I live in Georgia, my ex lives in Las Vegas. We were divorced in Missouri. I have a 13 year old son and 12 year old daughter. After summer vacation, my daughter decided she wanted to stay and live with her dad. I said I didn't want her to, but my ex said that it was her decision and so she stayed. The divorce decree says we are to have joint legal custody with me having physical custody. It states that he is to pay $650 a month. Since my daughter is living with him he now only pays $400 a month for my son. The court order remains in force as before.

I would actually prefer that my daughter move back home after the school year is over, but now she has made all these friends out there and I don't if she will want to. But my ex is an airline pilot who is out of town half the time. He has a live in girlfriend who is a flight attendent, so when he's gone my daughter is take care of her. Unfortunately, the girlfriend doesn't like me so she says that I have to communicate only with my ex. So I have to email or call my ex to get info about my daughter and he usually takes about a week to get back to me. My daughter has also told me that they go out at night on the weekends sometimes and leave her at home alone, that she turns on all the lights in the house before she goes to bed because she is afraid and that they come home sometime after she is asleep.

I am going to retain the services of an attorney to try to modify the order for support because even though my daughter is living with him, I think he should be paying more than $400 for our son. He makes $175,000 a year.

My question is: can I request arrearage payment for the $250 difference in what's in the order and what he's been paying, even though my daughter is living with him. and Should I try to get my daughter back? I'm afraid it will make her mad. Her dad lives in a $450,000, with a pool and hot tub, a boat, you get the idea. She has already told my ex's girl friend once that if she came back to me she might not get to take dance lessons anymore, etc. etc. But, if she came back to live with me, I could have the order modified and he would have to pay alot more than $650 a month. The only reason he was only paying that before was that when we were originally divorced he was working for a commutor airline making only $50,000 a year. I want what is best for her. But I don't know that having a live in girlfriend take care of her is best. If they were married I'd feel better about it. Both my son and daughter tell me that they get drunk every weekend and I don't think that's the greatest thing to be around either. But they live in this great neighbor where all the houses have gates, I mean they live like rich people, well, I guess they are rich.

Sorry this is so long. Thanks to anybody who takes time out of their schedule to answer.
 


rmet4nzkx

Senior Member
Well there are a lot of issues and more questions, I will assume that since you have both moved from MO but no modifications that you have not domesticated the case to GA, so you can start there or go and hire an attorney in MO to file contempt charges and start there which is most likely the most expedious way to go and will prevent him from domesticating the case to NV.
File contempt for failure to return the child at the end of his summer visitation.
File for modification of support based on change in cirucmstances asking the court to make it retroactive since he kept the child in contempt of court and failed to pay the court ordered child support payments without modification of orders.
Go through CSE and attach his wages based on the current order and future order modification.
File for the arrearages which he owes since there was no change in custody, otherwise he will file to cease child support if you each have a child which will be his next step.
File amendments to the parenting agreement that there be no alcohol use within 24 hours of being with the child, no doubt his airline has some restrictions on alcohol usage as well and that appropriate child care be provided while in his care. If he is not already, also ask for him to provide all costs of travel since he works for an airline that should not be a problem, ask for him to pay all medical costs, child care costs and school and enrichment costs, in other words that he continue to pay for dancing lessons and provide any other thing to which she has become accusotmed and now expects, increased child support would allow you to move to have a house with hot tub and pool too, etc. At her age, she will be interested in horses too, so don't forget that.
You did not say how much income you have, but that will be a facor in the increased child support.
 

gapeach7400

Junior Member
Thanks for your reply

So he could ask that child support be stopped because we each have one child? Wouldn't he first have to get the custody changed over to himself?

I thought that if one parent makes more than the other then support would be based on both incomes. I make $38,000 a year. It would not be fair for my daughter (whom I love very, very much) to be living the high life in Las vegas while my son is living on the poor side of the tracks here in Georgia with me. (We live in a $100,000 ranch in an older neighborhood). Don't get me wrong, I do ok, we are not poor, but nothing like my daughter's lifestyle with her dad.

I don't have the money to go to Mo. to get an attorney. The appointment I am making is with an attorney in Georgia. So we can domesticate the case over to Georgia so I won't have to go to Las Vegas court?
 

rmet4nzkx

Senior Member
Here are the child support calculators for MO and GA as you can see the amounts will be different.
http://www.alllaw.com/calculators/Childsupport/georgia/
http://www.alllaw.com/calculators/Childsupport/missouri/
By all means consult a GA attorney, you should have domesticated this after you had both moved, and the sooner you file the better otherwise he may use 6 mos residency in NV to domesticate there even though he is in contempt of court, you have to file to enforce it. It is important to act ASAP, also that he pay attorney's fees. No it is not right to treat the children unequally and you as their custodal parent are entitled to adequate support.
 

gapeach7400

Junior Member
Or would it be better to contact the attorney I used in MO

I just thought of this. Would it be better, cheaper, faster, etc. to contact the attorney in Mo. who handled the divorce? Maybe we could do a telephone meeting and then I wouldn't actually have to go to Mo. and he could just file the paperwork from there? I guess I would have to go there when it actually went to court though. So would ga. or mo. attorney be better?
 

gapeach7400

Junior Member
Didn't see your reply

Sorry I guess our replies crossed each other. I will call the attorney Monday morning. I didn't realize I needed to do that before. As soon as I file to have it moved to Georgia will it be done, or does it take a long time?
 

rmet4nzkx

Senior Member
Absolutely, call your MO attorney as they would be the best to advise and promptly file contempt with the current court of jurisdiction. These days much can be done via Fax and telephone conference. What county in MO was your case? I ask because some are online while others are not. We have a senior member from MO, seniorjudge who may also provide more advice.
 

gapeach7400

Junior Member
County in Mo.

We lived in St. Charles county. The actual divorce proceedings were in St. Louis County.

So are you saying I should call my old attorney in MO and call one in GA too?
 

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