Hayward, CA asked in Child Custody, Child Support and Divorce for California

Q: My ex wife is pregnant, and she just moved back to GA from CA without my consent, I want to file for divorce

But she isn’t due until thanksgiving, how do I go about getting the process started? I make roughly 130k annually, what will I be expecting for child support?

2 Lawyer Answers
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: 1) she does not need your consent to move to GA; 2) not enough information here to predict for you what you will be required to pay in support. The calculation takes into account both parties' income and the percentage of time each party has custody of the child. You can proceed with filing for divorce but you cannot seek custody orders of a child that is not yet born, plus, as the baby will be born and likely live in GA, the court here in CA will not have jurisdiction to make any orders regarding custody. You will have to get those orders through the court in GA.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Your wife is not your property, whether you live in California or Georgia. Therefore, your wife can leave you and move away. See Ms. Waxman's answer for additional information.

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