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Dec 31
1969
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Ask a Lawyer: Children now reside out of statePosted by: Dads Divorce on Dec 31, 1969   |
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Question:
My ex and I divorced in Alabama in 1998. She remarried and moved to Georgia. The children no longer require daycare or after school care. I questioned my ex about having the child support recalculated due to this. Note, we both make around $68K to $75K a year. She claims that since the children now are residents of Georgia that we would follow this states rules which she claims equates to child support of about 25-27% of my gross annual income. Questions: 1) Do we now follow Georgia law or are support issues calculated under Alabama law? 2) Since combined we make over 100K, does a judge decide on the child support amount?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Alabama. 1. No, generally the child support should stay in Alabama. 2. I am not sure the significance of the $100k level, but unless you can agree to a new amount then your request to modify child support would go to a judge via an official filing with the Court.
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