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Wife Left State and is Filing for Child Support

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  • 12-28-2010, 02:03 PM
    GodBlessYou
    Wife Left State and is Filing for Child Support
    My question involves child support in the State of: Florida

    I am married, living in the state of Virginia. My wife left me and moved to Florida about 45 days ago. She left against my wishes, but I have hope that we will be back together soon, God willing. We still get along and communicate well.

    We are not legally separated by Virginia laws (where we were married) but possibly by Florida laws. She is opening up a Social Services case and they are requiring her to file for child support. Do I have any rights to fight this? I DO support my child, so I am not a deadbeat dad.

    Also, what would be the process? Do I start receving deductions from my paycheck with no say-so?
    Thanks in advance for your help.
  • 12-28-2010, 02:21 PM
    Dogmatique
    Re: Wife Left State and is filing for child support
    I'd be less concerned about child support than I would be about your child being allowed to remain in Florida permanently.

    However, you didn't ask about that so....no, you cannot fight a social services case like that. If she is going on State aid, the State will require her to pursue support.
  • 12-28-2010, 02:27 PM
    GodBlessYou
    Re: Wife Left State and is filing for child support
    Thanks so much for replying. I am concerned about that as well, but as I said, I am hopeful we will back together soon and she comes home. So if they require her to do that, what are the options on my end? Do I have any? I am curious to the process.
  • 12-28-2010, 02:35 PM
    jk
    Re: Wife Left State and is filing for child support
    what dogmatique was referring to is: if you allow her to establish residency in Florida and take some sort of legal action concerning custody of the child before you take any action in VA, Florida will then have jurisdiction. Since everybody is a resident of VA, you can file for a custody and support hearing in VA. You can even ask the court require the child be returned to VA.

    If you do nothing, the state of Florida will require her to file for child support. Basically, Florida will get to keep it, or most of it so they are very interested in making sure you pay whatever the court orders. You will have no voice in having to pay it but can only contest the amount, if it is incorrectly calculated.
  • 12-28-2010, 02:39 PM
    Dogmatique
    Re: Wife Left State and is filing for child support
    You will generally be ordered to pay child support according to your state's guidelines. If she gets cash aid, you will also be required to repay the state.

    Honestly, if she's been gone 45 days and has opened a social services case it doesn't sound like she has any intent to return at all.
  • 12-28-2010, 02:50 PM
    GodBlessYou
    Re: Wife Left State and is filing for child support
    Quote:

    Quoting Dogmatique
    View Post
    You will generally be ordered to pay child support according to your state's guidelines. If she gets cash aid, you will also be required to repay the state.

    Honestly, if she's been gone 45 days and has opened a social services case it doesn't sound like she has any intent to return at all.


    I understand what you are saying, but nevertheless, I will keep praying for my marriage.

    So, can I go to court here in VA and file to PAY child support before it happens in FL?

    My basic question is, will I be notified of a child support proceeding or do they just start garnishing my wages without me being able to contest it?
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