Question:

My wife left me without any warning on July 27th, 2009. When she left, she also took my thirteen year old daughter with her, but left my nineteen year old daughter who is in college here in Mississippi. My wife has recently called me from Tampa requesting half of my retirement and for me to start paying child support, but we haven't gotten a divorce or legal separation yet.

When my wife left, she had around $7200 left in her bank account.  However, since she does not have a job yet, she claims she has no more money left to pay for rent and food.  She doesn’t have a job because she is waiting on her nursing license from Florida, but she apparently blew through all of that money in just three weeks.

What are my responsibilities to her and my daughter in this situation?

Answer:

Check with a Mississippi attorney. You may not have any responsibilities until an order is entered.  Your wife most likely has a responsibility to keep your daughter attending the Mississippi school she was originally enrolled in. You should also discuss the effect of the “home state” determination under the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), depending on which one Florida has.  Generally, Mississippi will be considered the “home state” of the child and all custody proceedings will occur in your local court unless she can establish another state as the “home state” (generally requiring the child to be there for 6 months or more).  So be aware of that time limit to take action.

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.