Retired military income only?

[Sanuk-1997]

What is the name of your state (only U.S. law)? GEORGIA
Here's my situation:
Married 14 years; divorced 11 years. My ex and I both live in
Georgia. Our divorce was granted in Colorado in 1998. We both live
in Cobb County.

I'm retired military and currently unemployed. My retirement pay
is my sole source of income except some interest
in checking/savings account. Total monthly income is about $1300
this is half what my actual retirement pay would be if still
married.

I pay court ordered child support and have never been in arrears
Exwife gets half my retirement pay. I live a meager lifestyle on the
other half of my retirement pay. I have no debts; house is paid off
car is paid off, no credit card balance.

Exwife makes about $6400/month which includes my retirement
income...amost 5 times my income. She is mortgaged to about
$100K

Suddenly, she wants to get more child support.
I suspect her 403(b), IRA, IRA rollover and various investment
accounts have taken a dive recently and she wants to make
up the difference any way possible.

She works nights as a nurse in a major hospital making about
$35/hour. I keep my son on the nights she works.

I've researched GA code 19-6. From what I can tell it says
you have to provide support based on income. I cannot find where
it says you have to work to provide income. My retirement pay,
even though it's cut in half is sufficient for my living needs since
I have no debts. I have a very modest sum to draw upon for emergencies.

Here's my question(s)
1) Can the court impose the minimum wage x 40 hours week IN ADDITION to
what I already get in retirement pay or simply base it on what
my retirement pay is. Again, my retirement pay is sufficient
(no mortgage, no car payment, no credit card balance)

2) Can the court calculate child support based upon a)my last
hourly wage or b)my highest hourly wage in the last year? I have
been without work since January 09.

3) Approximately how long will it take to tranfer the venue
from Colorado to Georgia?

 

[LdiJ]

What is the name of your state (only U.S. law)? GEORGIA
Here's my situation:
Married 14 years; divorced 11 years. My ex and I both live in
Georgia. Our divorce was granted in Colorado in 1998. We both live
in Cobb County.

I'm retired military and currently unemployed. My retirement pay
is my sole source of income except some interest
in checking/savings account. Total monthly income is about $1300
this is half what my actual retirement pay would be if still
married.

I pay court ordered child support and have never been in arrears
Exwife gets half my retirement pay. I live a meager lifestyle on the
other half of my retirement pay. I have no debts; house is paid off
car is paid off, no credit card balance.

Exwife makes about $6400/month which includes my retirement
income...amost 5 times my income. She is mortgaged to about
$100K

Suddenly, she wants to get more child support.
I suspect her 403(b), IRA, IRA rollover and various investment
accounts have taken a dive recently and she wants to make
up the difference any way possible.

She works nights as a nurse in a major hospital making about
$35/hour. I keep my son on the nights she works.

I've researched GA code 19-6. From what I can tell it says
you have to provide support based on income. I cannot find where
it says you have to work to provide income. My retirement pay,
even though it's cut in half is sufficient for my living needs since
I have no debts. I have a very modest sum to draw upon for emergencies.

Here's my question(s)
1) Can the court impose the minimum wage x 40 hours week IN ADDITION to
what I already get in retirement pay or simply base it on what
my retirement pay is. Again, my retirement pay is sufficient
(no mortgage, no car payment, no credit card balance)

2) Can the court calculate child support based upon a)my last
hourly wage or b)my highest hourly wage in the last year? I have
been without work since January 09.

3) Approximately how long will it take to tranfer the venue
from Colorado to Georgia?

I don't know that tranferring the jurisdiction will make any real difference.

I am assuming that you are in your 40's?, and able bodied? If so, yes its possible that a court could choose to impute an income to you from employment. I don't know that a court will, but its possible.

However, the good news is that you don't have to work full time if you don't want to. You can choose to work just enough to earn whatever you need to earn to pay any child support that is ordered.

 

[Sanuk-1997]

venue/health response

The question about transfer is just one of timing. The way I understand it is first a judge has to sign the request to transfer the jurisdiction from Colorado to Georgia. After Colorado and Georgia agree that Georgia should have jurisdiction (because that is where the child lives, [UIFSA]) then a hearing is scheduled. I'm guessing the whole process would take three months. There is no reason for an emergency hearing.

My age is 51. Health is average. I am not able to do manual labor or stand for extended periods of time. I need a desk job.

Additional item: child is 15. So the additional support would be in effect for less than 3 years. Parenting time is roughly 3 days at my house per week (60:40 her favor)

Additional question: How do the courts view the obligee earning four to fives the income of the obligor? Somethings just not right about that.