I have been paying CS for many years but I lost my job a year ago and still pays out of my saving. I filled a modification of CS but my Ex made it complicated for me. Her lawyer kept asking the judge to adjourned the court case knowing that I came out of state. At the prosponed date I was not available and the case was dismissed. Last week, I went to NY again after 6 months to file another modification of child support due to financial hardship. Can I hire a lawyer her in GA to fight the case for me from here due to my financial instability of going back and forth to NY or should I find a lawyer in NY?
NB- I am paying $530 on one child + 250 monthly arrears on missed payment = $750 monthly.
You are the plaintiff. You are suing your defendant where she resides. If she resides in NY, you must file your suit there. If she resides in GA, you file the suit in GA. Your place of residence does not matter. You need to file your case, and sue it out to a conclusion.
Modification needs to be filed in the state that issued the order. If that is NY, it needs to be filed in NY. A GA attorney cannot represent you in a NY modification action unless that attorney is also licensed in NY as well. You need an attorney that is licensed in NY to represent you.
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