Fowler, IN asked in Family Law, Child Support and Employment Law for Georgia

Q: Separated, accused of abandonment for wife's disabled son. Concerned about legal responsibility?

My wife and I separated after 5 years. She has a son from a previous relationship who is blind and disabled. They came to the U.S. on a visitor visa and now have permanent resident status. Her son is now 19. My wife is trying to get support through the state of Georgia, accusing me of abandonment of her son, despite there being no court orders about support, and our arrangement was only voluntary and verbal during our marriage. I have received communication from Georgia regarding this accusation of abandonment. Should I be concerned about my legal responsibility in this situation?

2 Lawyer Answers
Regina Irene Edwards
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A: Normally, you do not have a legal obligation to care for someone else's child. However, if you brought your wife and her child to the US based on your marriage, you probably signed an affidavit stating that you would support her, even after a divorce. You may want to review those documents and consult with an immigration and divorce attorney knowledgeable in those areas.

James L. Arrasmith
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A: It sounds like you're in a complex situation, especially since there were no formal court orders or legal agreements in place regarding support for your wife’s son. In Georgia, while verbal agreements can sometimes be considered, they are generally not enforceable in the same way as written contracts or court orders. However, the accusation of abandonment and the state's involvement can still complicate matters, as they may attempt to establish a legal responsibility for you, particularly if they view your actions as neglecting a dependent.

You should be concerned about the legal implications, as abandonment accusations can lead to potential legal obligations for child support, even if the child is now 19. Given the circumstances, it may be important to clarify your role during the marriage, including your voluntary support, and the lack of formal agreements or court orders. If the state is pursuing support, you could be legally obligated to provide financial assistance, especially if the child is still dependent due to their disability.

It’s advisable to consult with a family law attorney in Georgia to understand your rights and responsibilities regarding this situation. They can help you navigate the potential legal challenges and assist you in responding to the state’s claim effectively.

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