Q: Divorced in GA 2015. Ex-wife now lives in SC Need to make a CS Mod...do I file in SC or original divorced state, GA?
Also, the CS Mod I’d like to attempt to make is this. I’m on disability, in turn my son gets his own stipend as I’m sure you’re aware. It was agreed on between she and I that I didn’t need to write her a check every month , as, not only would my son’s stipend from my SSDI cover my CS obligation, the amount was 66% above the CS amount....3 times the amount basically. 7 years ago I thought I was doing the right thing and just giving her the additional money without negotiating the extra money above the CS amount be put in a 529 for him on my behalf. Hindsight right. At this point can I petition that extra money be put in a 529 or simply MM, etc..she’s been receiving the extra for 7 years now and she won’t tell me what she’s been using it for. Being on SSDI, it’ll be very difficult to save $100k-$150k needed these days to send a child to college, ya know. Thanks
A: Did your ex domesticate the GA order in SC? If yes, you must file in SC. I'm licensed in FL so, you should call an attorney in GA or SC for either state's substantive law dealing with child support. My experience in FL, even if she did not register the order in SC, if she's lived there with the kid(s) for at least 6 months, that state now has jurisdiction over the kid(s). My opinion, the prudent thing would be to file where the kid(s) are. Also, you must have an exceptional change in circumstances to modify a CS order. Good luck!
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