Spousal Support Order from Another State

[robemillner]

What is the name of your state (only U.S. law)? Georgia

I filed my divorce petition in Gwinnett County, Georgia and I've been told I need to amend it to include an existing final spousal support order and a protective order issued in Virginia where we formerly lived.

I am doing this pro se due to lack of finances and I used a contested divorce format I got from the Legal Aid website.

Any advice on how to include this in the existing petition?

 

[justalayman]

how was there a "final spousal support order" in VA if you just filed your divorce action in Georgia? Who issued the final spousal support order in VA?

 

[LdiJ]

how was there a "final spousal support order" in VA if you just filed your divorce action in Georgia? Who issued the final spousal support order in VA?

A legal separation can result in final support orders (alimony or child support).

 

[mistoffolees]

how was there a "final spousal support order" in VA if you just filed your divorce action in Georgia? Who issued the final spousal support order in VA?

OP will have to answer, but I'm guessing that it has to do with the fact that no-fault divorce in VA requires living apart for 1 year (or 6 months if there are kids). Maybe they had a final support order for the separation period and now that the year is up, want to get a divorce?

 

[justalayman]

OP will have to answer, but I'm guessing that it has to do with the fact that no-fault divorce in VA requires living apart for 1 year (or 6 months if there are kids). Maybe they had a final support order for the separation period and now that the year is up, want to get a divorce?

from what I can find, VA has no legal separation. There appears to be no requirement for a legal separation in order to be the required separation. There seems to be several types of divorce in VA and they are a bit confusing to me. Maybe if the OP returns and adds some info it will become clearer.

 

[mistoffolees]

from what I can find, VA has no legal separation. There appears to be no requirement for a legal separation in order to be the required separation. There seems to be several types of divorce in VA and they are a bit confusing to me. Maybe if the OP returns and adds some info it will become clearer.

It will be interesting to hear from OP how it worked.

I am assuming that it's something like CS. You can get a court order for CS even if you're still married and not legally separated. I am guessing that Spousal support would work the same way - but could be wrong.

 

[LdiJ]

from what I can find, VA has no legal separation. There appears to be no requirement for a legal separation in order to be the required separation. There seems to be several types of divorce in VA and they are a bit confusing to me. Maybe if the OP returns and adds some info it will become clearer.

Several of those south eastern states have something called a divorce that would be considered a legal separation in most other states.

One of them (maybe its NC but I don't remember for certain) calls a legal separation a "divorce from bed and board" and an actual divorce an "absolute divorce".

It confused the heck out of me the first time that I encountered it on forums like these...however the posters provided law to prove that.

So, if VA has more than one kind of divorce, VA is likely one of those states. I am not going to take the time to actually research it, because I am going to take OP's word that she has final order for alimony. After all, she is the one who has her paperwork stating what she does and doesn't have.

 

[robemillner]

Virginia Spousal Support Order/Divorcing in Georgia

how was there a "final spousal support order" in VA if you just filed your divorce action in Georgia? Who issued the final spousal support order in VA?

My husband left me and took all of our joint money out of the bank. I did not have any income, so I petitioned the court for spousal support. The Virginia courts allow a decision to be either final or temporary. In my case, the judge ruled for a final spousal support order. The UIFSA, modified 2001, still handles spousal support orders differently then child support and allows the issuing state to maintain continual exclusive jurisdiction even when both parties live in other states.

My husband's attorney has registered the spousal support order in Idaho in hopes of gaining a modification and I have retained an attorney up there. We are objecting through a Special Appearance so as to make clear that I am not putting myself under the Idaho court jurisdiction. The argument is lack of personal jurisdiction and no subject matter jurisdiction based on the UIFSA CEJ handling of spousal support.

When I filed my divorce petition, I sent it to my attorney in Idaho to have him served. He stated that I needed to have the support order some how referenced in the petition as well as an existing protective order. Of course, he isn't familiar with Georgia rules on that sort of thing, but he said that Idaho requires any other related judgments to be part of the petition.

So, I want to make sure that the existing spousal support order is recognized in the petition. I don't know if Georgia requires that or not. If that order stands on its own, then I am not sure why it would be included other then for the judge to know spousal support/alimony has already been ruled on.

Since I now live in Georgia, my Virginia attorney advised that I should petition for divorce here. She can't help with the Georgia paperwork, though.

I just want to make sure everything is included properly in the petition so that I don't beat myself out of the support.

 

[robemillner]

Virginia Spousal Support Order

how was there a "final spousal support order" in VA if you just filed your divorce action in Georgia? Who issued the final spousal support order in VA?

My husband left me taking all our money out of the bank and leaving me destitute. He then called to tell me he was coming to kill me and I fled to Georgia due to not having any friends of family in Virginia and no finances to pay the rent and utilities.

I returned to Virginia, petitioned for spousal support and protective order which was granted. The spousal support is final. The protective order, which includes use of a vehicle, is for one year.

In Virginia, separation must be for one year when a divorce is contested and no children.

Since that time, I have remained in Georgia to have the support of my family who is providing me with housing. Although I have obtained temporary employment, I am not self supporting due to gaps in my work history, medical issues, and having been married to my husband who was in the military but now retired.

My husband's attorney registered the spousal support order from Virginia in Idaho with the intention of seeking modification as part of ramping up for a divorce filing. I have retained an attorney there who has requested a special appearance to object, arguing lack of personal jurisdiction and lack of subject matter jurisdiction based on the position taken by the UIFSA treating spousal support separately from child support in the matter of modification.

I filed a divorce petition in Georgia because I now qualify as a resident, and Georgia is more favorable in regard to alimony and pension division then Idaho. I realize he can argue jurisdiction, but the Idaho court may view the matter as better served in Georgia. Also, my husband may decide it would be less expensive for him to just agree to the jurisdiction in Georgia.

The Idaho attorney I retained is going to serve the divorce papers, but he stated that Idaho requires any existing court orders relating to the divorce to be part of the petition some how.

So, that is what I am trying to accomplish. I need to include the fact that there is an existing spousal support order from Virginia, as well as the protective order into my petition.

 

[LdiJ]

My husband left me and took all of our joint money out of the bank. I did not have any income, so I petitioned the court for spousal support. The Virginia courts allow a decision to be either final or temporary. In my case, the judge ruled for a final spousal support order. The UIFSA, modified 2001, still handles spousal support orders differently then child support and allows the issuing state to maintain continual exclusive jurisdiction even when both parties live in other states.

My husband's attorney has registered the spousal support order in Idaho in hopes of gaining a modification and I have retained an attorney up there. We are objecting through a Special Appearance so as to make clear that I am not putting myself under the Idaho court jurisdiction. The argument is lack of personal jurisdiction and no subject matter jurisdiction based on the UIFSA CEJ handling of spousal support.

When I filed my divorce petition, I sent it to my attorney in Idaho to have him served. He stated that I needed to have the support order some how referenced in the petition as well as an existing protective order. Of course, he isn't familiar with Georgia rules on that sort of thing, but he said that Idaho requires any other related judgments to be part of the petition.

So, I want to make sure that the existing spousal support order is recognized in the petition. I don't know if Georgia requires that or not. If that order stands on its own, then I am not sure why it would be included other then for the judge to know spousal support/alimony has already been ruled on.

Since I now live in Georgia, my Virginia attorney advised that I should petition for divorce here. She can't help with the Georgia paperwork, though.

I just want to make sure everything is included properly in the petition so that I don't beat myself out of the support.

I think that you should use an attorney in GA to draw up your paperwork at least. That way you can be certain that all is as it should be.

 

[robemillner]

I think that you should use an attorney in GA to draw up your paperwork at least. That way you can be certain that all is as it should be.

I wish I could. I have no money. I've been through a great deal. I sold anything that I had to get money to live on until I was able to get a job and my own place. My part time income and the support I recieve cover rent, utilities, car payment, insurance, food, and gas. I can't even pay a copayment to go to the doctor right now. My work hours are part time and I have not been able to get a full time job yet with the economy being so bad.

Not your problem, I know. Unfortunately, even Legal Aid will not assist me because I am not indigent enough. You have to be getting nearly no money to get their assistance.

So, I'm left doing this myself and paying filing fees. I had to pay $204.00 just to file the petition in Gwinnett County and a family member gave me that. I am paying the attorney in Idaho $500.00. That was all the money I had.

I suppose I will end up with him doing the divorce in Idaho and I will get nothing because I don't have the money to pay a laywer.

The only thing I can do is try places like this to see if someone can help me.

 

[justalayman]

the problem is; if you mess this up, it could cost you much more than what an attorney might cost you.

I don't know if any of the law schools assist in divorce situations but most provide pro bono assistance for some types of civil law. If you have one anywhere close, you might look into the possibility of some assistance there. Maybe if for nothing else but to get some assistance in proper construction of your action.

 

[LdiJ]

the problem is; if you mess this up, it could cost you much more than what an attorney might cost you.

I don't know if any of the law schools assist in divorce situations but most provide pro bono assistance for some types of civil law. If you have one anywhere close, you might look into the possibility of some assistance there. Maybe if for nothing else but to get some assistance in proper construction of your action.

I agree. You just need someone to help you put the petition together properly, and someone over the internet really cannot do that.

 

[robemillner]

Case Resolved

After several continuances, the Virginia spousal support petition to discontinue brought by my husband was resolved. The Judge reduced the support by 200.00 per month, leaving it at 1000.00 per month because his income had not decreased enough to support his claim of indigence.

We both ended up having representation. I was fortunate enough to have an attorney who allowed me to work with him for a small amount of money.

He got bank statements and interrogatories from my husband which proved his income and was not able to continue to support the claim he made to the Judge he was indigent.

 

[LdiJ]

After several continuances, the Virginia spousal support petition to discontinue brought by my husband was resolved. The Judge reduced the support by 200.00 per month, leaving it at 1000.00 per month because his income had not decreased enough to support his claim of indigence.

We both ended up having representation. I was fortunate enough to have an attorney who allowed me to work with him for a small amount of money.

He got bank statements and interrogatories from my husband which proved his income and was not able to continue to support the claim he made to the Judge he was indigent.

Thank you for updating...it looks like the outcome was not too bad for You.