support modification

[okcpl]

What is the name of your state? Oklahoma
My husband's divorce was completed in Georgia even though his ex-wife lives in South Carolina. We live in Oklahoma. My question is: If we want to modify the order for child support since we have gotten married and we are expecting a baby in 4-6 weeks does he have to go back thru the Georgia courts even though neither one of them lives in that state? He is military and pays $600 a month for one child that he rarely gets to see. Any advice would be greatly appreciated. Thank You!What is the name of your state?

 

[Neal1421]

What is the name of your state? Oklahoma
My husband's divorce was completed in Georgia even though his ex-wife lives in South Carolina. We live in Oklahoma. My question is: If we want to modify the order for child support since we have gotten married and we are expecting a baby in 4-6 weeks does he have to go back thru the Georgia courts even though neither one of them lives in that state? He is military and pays $600 a month for one child that he rarely gets to see. Any advice would be greatly appreciated. Thank You!What is the name of your state?

He would file for it in SC however, he will more than likely will not get it lowered based soley on the two of you being married and expecting a child. Has there been a decrease in his income?

Does he have a visitation order? Why is rarely able to see his child?

 

[okcpl]

Support modification

No, his income is unchanged since the order was put in place. He retires in 18 months and then it will be reduced. I thought (maybe wrongly) that the number of children affects the amount of support for each. SC has different (lower) guidelines than Georgia hence the reason that she claimed to live and file in Georgia. He does not get to have regular visitation with his son since it takes us almost a year to save up enough money to get father and son together either by going to pick him up or flying him here. When we do get to have him, she will only send 1-3 outfits that fit for a month's visitation so we have to have a clothing allowance for him for clothes and shoes in addition to the other expenses. She will brag about all the expensive things that she can now afford to buy for herself and son on a regular basis. His son then doesn't understand why daddy won't buy him everything he wants. We have to tell him that we can't if we want to be able to see him. It's just hard to know what is right. Thank you for the advice.

 

[stealth2]

It's also entirely possible that GA guidelines would govern anyway - the laws don't encourage parents to shop for the "best deal". Many states (and I don't feel like researching the states involved at the moment) do not take subsequent children into account when it comes to calculating support. They feel that the NCP knew of the obligation before havngg another child, and the new child does not negate that obligation. In addition, those states that DO allow a decrease for subsequent children do not give that huge a break. We're talking maybe 2-3% of the existing obligation. So your husband would see an extra $20 a month or so.

 

[okcpl]

I appreciate the input. We have been trying to get in contact with the Attorney in Georgia who handled his divorce in the first place but so far have been unable to get a reply. We just didn't know what (if any) options were available to us. We just didn't know where to start since neither one lives in Georgia. She claimed to live with a friend right across the state line but actually lives with her boyfriend in South Carolina, about 20 miles away. We just couldn't prove that since she had absolutely no bills in her name. We wondered if the court in question would be the governing law in this case. We are not looking to get out of this obligation nor would we if we could, we just wondered about a little relief so we could see the child more often. Thank you for your advice.

 

[Noelle_71]

No, his income is unchanged since the order was put in place. He retires in 18 months and then it will be reduced. I thought (maybe wrongly) that the number of children affects the amount of support for each. SC has different (lower) guidelines than Georgia hence the reason that she claimed to live and file in Georgia. He does not get to have regular visitation with his son since it takes us almost a year to save up enough money to get father and son together either by going to pick him up or flying him here. When we do get to have him, she will only send 1-3 outfits that fit for a month's visitation so we have to have a clothing allowance for him for clothes and shoes in addition to the other expenses. She will brag about all the expensive things that she can now afford to buy for herself and son on a regular basis. His son then doesn't understand why daddy won't buy him everything he wants. We have to tell him that we can't if we want to be able to see him. It's just hard to know what is right. Thank you for the advice.

Wow, your ex is retiring in a few months and only pays $600 a month? Thats really low for the standard retirement level in the military. :/ just wondering what his rank is.