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Ask a Lawyer: Modification

Saturday, 07 November 2009 00:00

Question:

I have several details. 1 - My ex-wife is the custodial parent and we had a modification to our original divorce decree in GA back in 2002. She moved to South Carolina, ignoring the stipulation in our divorce decree that if either of us move more than 60 miles from Atlanta, GA, then we would have to agree on visitation arrangements or go to court for a modification. I can no longer give in to her demands which are very unrealistic, and may want to explore options to modify the time and expense involved. 2 - Both of us have had substantial increases in income, and I would like to look at re-leveling the child support under the new guidelines in Georgia with shared expense and my other two children factored in. Basically, my ex-wife just built a $400K house for her and my daughter on a $60K/year income, and I struggle to pay my bills in our household with a $100K income... Please let me know if this would be worth pursuing. The last time I went to court, I won on all three items I was pursuing, but was ordered by the judge at the last minute to pay all lawyers fees on both sides and it was labeled an arrearage...

Answer:

I am not licensed in Georgia. However, if your ex moved to South Carolina against the court order you will probably have grounds to modify. How long did she move? If it has been several years then it is unlikely to be grounds to modify custody but it is still worth pursuing to address visitation and cost of travel issues. As for child support, use the online calculators on dadsdivorce to get an idea if your support would change.
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child support
written by Gene Beard, June 07, 2010
Wife is hiding her assests, she is worth 4.5 million dollars but twisting and turning to look as if she is poor...how do I get attonenry to address this issue.....I am paying or items I do not need to pay for....need help, thanks, Gene Beard


DD.com admin:

If she is trying to hide assets, that could be used against her in court. Those could be used to show the court that she can afford more support.

You could not obtain access to the information unless there was some action pending in the court. If there is then you could possibly get this information through the discovery process.


Lisa Hansen is a Senior Attorney in the Kansas City office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Hansen is licensed to practice in the state of Missouri. Ms. Hansen received her Bachelors in Social Work from University of Nevada, Reno, her Masters in Social Work from University of Kansas, and her Juris Doctor from University of Missouri, Kansas City.

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