RE UIFSA and hiring an attorney

[Derrick]

I need a few answers to questions I have about a legal situation I am
currently in:

I was divorced in Georgia; original child support order was done in
GA.
My ex-wife now lives with my 2 children in Alabama and has for years.
I was recently served via certified mail with a request for
modification of CS
The motion to modify was filed in AL

1. How do you go about getting a motion to dismiss due to lack of
jurisdiction?

2. Where do I need to hire an attorney? AL or GA?

3. What is the first course of action? Proving that the GA court has
"continuing exclusive jurisdiction"?

4. Except for the exercising of "long-arm jurisdiction", is there any
other way my ex-wife can get the hearing and proceedings moved to AL
without my consent? In other words, what should I be worried about
because I am stressing and cannot take time off to go to AL for court.


I need some real help here. I have no idea what to tell an attorney
during an initial consult because I am not proficient with legal
terminology. I already went to an attorney and paid 200.00 to have her
simply tell me that I needed to hire an attorney in AL. That seems
LUDICROUS!

Does anyone have any experience with UIFSA that he would like to share
with me?

Thank you in advance -

Derrick

[Mel Gamble]

I think you'll find that she can have jurisdiction over CS issues moved
to whatever state she and the child call "home".

Your hired attorney was correct if you wish to have an attorney
represent you *IN* AL, but a competent GA attorney who is familiar with
AL's CS practices could advise you. If GA follows the practices of many
states, the first round will be paper - you and she fill out some forms
and a flunky goes over them and applies a formula which spits out your
new obligation. If neither of you disputes the result of this first
round, it will be signed by a judge and become effective. If either of
you files an objection to this first determination, the process will
become more involved.

Depending on how long it has been since your divorce (for some reason,
the percentage of your income a child needs goes up over time), how much
your/her incomes have changed and how much difference there is between
AL's and GA's guidelines, the new amount could be less than you're
paying now....or MUCH greater.

Get an "initial consultation" with a COMPETENT GA family lawyer who is
familiar with AL rules - for $50 you should learn a great deal more than
you already got for your $200. Good luck.

Mel Gamble

Derrick wrote:
>
> I need a few answers to questions I have about a legal situation I am
> currently in:
>
> I was divorced in Georgia; original child support order was done in
> GA.
> My ex-wife now lives with my 2 children in Alabama and has for years.
> I was recently served via certified mail with a request for
> modification of CS
> The motion to modify was filed in AL
>
> 1. How do you go about getting a motion to dismiss due to lack of
> jurisdiction?
>
> 2. Where do I need to hire an attorney? AL or GA?
>
> 3. What is the first course of action? Proving that the GA court has
> "continuing exclusive jurisdiction"?
>
> 4. Except for the exercising of "long-arm jurisdiction", is there any
> other way my ex-wife can get the hearing and proceedings moved to AL
> without my consent? In other words, what should I be worried about
> because I am stressing and cannot take time off to go to AL for court.
>
> I need some real help here. I have no idea what to tell an attorney
> during an initial consult because I am not proficient with legal
> terminology. I already went to an attorney and paid 200.00 to have her
> simply tell me that I needed to hire an attorney in AL. That seems
> LUDICROUS!
>
> Does anyone have any experience with UIFSA that he would like to share
> with me?
>
> Thank you in advance -
>
> Derrick

[Mel Gamble]

I think you'll find that she can have jurisdiction over CS issues moved
to whatever state she and the child call "home".

Your hired attorney was correct if you wish to have an attorney
represent you *IN* AL, but a competent GA attorney who is familiar with
AL's CS practices could advise you. If GA follows the practices of many
states, the first round will be paper - you and she fill out some forms
and a flunky goes over them and applies a formula which spits out your
new obligation. If neither of you disputes the result of this first
round, it will be signed by a judge and become effective. If either of
you files an objection to this first determination, the process will
become more involved.

Depending on how long it has been since your divorce (for some reason,
the percentage of your income a child needs goes up over time), how much
your/her incomes have changed and how much difference there is between
AL's and GA's guidelines, the new amount could be less than you're
paying now....or MUCH greater.

Get an "initial consultation" with a COMPETENT GA family lawyer who is
familiar with AL rules - for $50 you should learn a great deal more than
you already got for your $200. Good luck.

Mel Gamble

Derrick wrote:
>
> I need a few answers to questions I have about a legal situation I am
> currently in:
>
> I was divorced in Georgia; original child support order was done in
> GA.
> My ex-wife now lives with my 2 children in Alabama and has for years.
> I was recently served via certified mail with a request for
> modification of CS
> The motion to modify was filed in AL
>
> 1. How do you go about getting a motion to dismiss due to lack of
> jurisdiction?
>
> 2. Where do I need to hire an attorney? AL or GA?
>
> 3. What is the first course of action? Proving that the GA court has
> "continuing exclusive jurisdiction"?
>
> 4. Except for the exercising of "long-arm jurisdiction", is there any
> other way my ex-wife can get the hearing and proceedings moved to AL
> without my consent? In other words, what should I be worried about
> because I am stressing and cannot take time off to go to AL for court.
>
> I need some real help here. I have no idea what to tell an attorney
> during an initial consult because I am not proficient with legal
> terminology. I already went to an attorney and paid 200.00 to have her
> simply tell me that I needed to hire an attorney in AL. That seems
> LUDICROUS!
>
> Does anyone have any experience with UIFSA that he would like to share
> with me?
>
> Thank you in advance -
>
> Derrick

[Moon Shyne]

"Mel Gamble" > wrote in message
...
> I think you'll find that she can have jurisdiction over CS issues moved
> to whatever state she and the child call "home".

Since the OP says the CP and children have lived in that state for years, I
think it probably qualifies as home, without the quote marks - don't you?

"My ex-wife now lives with my 2 children in Alabama and has for years"


>
> Your hired attorney was correct if you wish to have an attorney
> represent you *IN* AL, but a competent GA attorney who is familiar with
> AL's CS practices could advise you. If GA follows the practices of many
> states, the first round will be paper - you and she fill out some forms
> and a flunky goes over them and applies a formula which spits out your
> new obligation. If neither of you disputes the result of this first
> round, it will be signed by a judge and become effective. If either of
> you files an objection to this first determination, the process will
> become more involved.
>
> Depending on how long it has been since your divorce (for some reason,
> the percentage of your income a child needs goes up over time), how much
> your/her incomes have changed and how much difference there is between
> AL's and GA's guidelines, the new amount could be less than you're
> paying now....or MUCH greater.
>
> Get an "initial consultation" with a COMPETENT GA family lawyer who is
> familiar with AL rules - for $50 you should learn a great deal more than
> you already got for your $200. Good luck.
>
> Mel Gamble
>
> Derrick wrote:
> >
> > I need a few answers to questions I have about a legal situation I am
> > currently in:
> >
> > I was divorced in Georgia; original child support order was done in
> > GA.
> > My ex-wife now lives with my 2 children in Alabama and has for years.
> > I was recently served via certified mail with a request for
> > modification of CS
> > The motion to modify was filed in AL
> >
> > 1. How do you go about getting a motion to dismiss due to lack of
> > jurisdiction?
> >
> > 2. Where do I need to hire an attorney? AL or GA?
> >
> > 3. What is the first course of action? Proving that the GA court has
> > "continuing exclusive jurisdiction"?
> >
> > 4. Except for the exercising of "long-arm jurisdiction", is there any
> > other way my ex-wife can get the hearing and proceedings moved to AL
> > without my consent? In other words, what should I be worried about
> > because I am stressing and cannot take time off to go to AL for court.
> >
> > I need some real help here. I have no idea what to tell an attorney
> > during an initial consult because I am not proficient with legal
> > terminology. I already went to an attorney and paid 200.00 to have her
> > simply tell me that I needed to hire an attorney in AL. That seems
> > LUDICROUS!
> >
> > Does anyone have any experience with UIFSA that he would like to share
> > with me?
> >
> > Thank you in advance -
> >
> > Derrick

[Moon Shyne]

"Mel Gamble" > wrote in message
...
> I think you'll find that she can have jurisdiction over CS issues moved
> to whatever state she and the child call "home".

Since the OP says the CP and children have lived in that state for years, I
think it probably qualifies as home, without the quote marks - don't you?

"My ex-wife now lives with my 2 children in Alabama and has for years"


>
> Your hired attorney was correct if you wish to have an attorney
> represent you *IN* AL, but a competent GA attorney who is familiar with
> AL's CS practices could advise you. If GA follows the practices of many
> states, the first round will be paper - you and she fill out some forms
> and a flunky goes over them and applies a formula which spits out your
> new obligation. If neither of you disputes the result of this first
> round, it will be signed by a judge and become effective. If either of
> you files an objection to this first determination, the process will
> become more involved.
>
> Depending on how long it has been since your divorce (for some reason,
> the percentage of your income a child needs goes up over time), how much
> your/her incomes have changed and how much difference there is between
> AL's and GA's guidelines, the new amount could be less than you're
> paying now....or MUCH greater.
>
> Get an "initial consultation" with a COMPETENT GA family lawyer who is
> familiar with AL rules - for $50 you should learn a great deal more than
> you already got for your $200. Good luck.
>
> Mel Gamble
>
> Derrick wrote:
> >
> > I need a few answers to questions I have about a legal situation I am
> > currently in:
> >
> > I was divorced in Georgia; original child support order was done in
> > GA.
> > My ex-wife now lives with my 2 children in Alabama and has for years.
> > I was recently served via certified mail with a request for
> > modification of CS
> > The motion to modify was filed in AL
> >
> > 1. How do you go about getting a motion to dismiss due to lack of
> > jurisdiction?
> >
> > 2. Where do I need to hire an attorney? AL or GA?
> >
> > 3. What is the first course of action? Proving that the GA court has
> > "continuing exclusive jurisdiction"?
> >
> > 4. Except for the exercising of "long-arm jurisdiction", is there any
> > other way my ex-wife can get the hearing and proceedings moved to AL
> > without my consent? In other words, what should I be worried about
> > because I am stressing and cannot take time off to go to AL for court.
> >
> > I need some real help here. I have no idea what to tell an attorney
> > during an initial consult because I am not proficient with legal
> > terminology. I already went to an attorney and paid 200.00 to have her
> > simply tell me that I needed to hire an attorney in AL. That seems
> > LUDICROUS!
> >
> > Does anyone have any experience with UIFSA that he would like to share
> > with me?
> >
> > Thank you in advance -
> >
> > Derrick