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Messages - LeftBehindinGA

#1
My ex lives in another country. He is employed by company A in this foreign country. Company A refuses to deduct child support from his paycheck claiming that the court order is unenforceable due to lack of jurisdiction.

Company A is wholly owned by Company B which is a global company which has its headquarters in Washington state.

1. Is there any way to make Company B require Company A to cooperate?

Thank you.
#2
Dear Socrateaser / Jurisdiction Concerns
Nov 21, 2006, 07:16:19 PM
My ex and oldest child live in a foreign country. My youngest child and I live in GA.

Current court order which addresses custody, visitation, and child support was entered earlier this year in GA.

Ex has repeatedly violated the current order (as well as previous GA court orders).

Ex now wants me to agree to stipulate to a foreign court order which would eliminate his child support arrearage, eliminate any visitation schedule between myself and my older child, modify the visitation restrictions between my ex and our younger child. (These restrictions were put into the GA order based on recommendations from the US State Dept. to guard against parental abduction and/or wrongful retention in the foreign country.)

Questions:

1. Is it possible for the foreign court to enter such a stipulated order given the fact that my younger child resides in the state of GA and has never even visited this foreign country?

2. Would I be voluntarily reliquishing GA's jurisdiction over the child living in GA by signing such an agreement?

3. Are there any other risks to this that you see?

Thank you.
#3
Dear Socrateaser / Foreign Jurisdiction
Oct 31, 2006, 09:47:16 AM
Dear Socrateaser,

Current court orders are in GA (in the US).

My ex and I have joint legal custody of our two minor children. I had sole physical custody of both children until March 2005.

In March 2005, my ex was awarded temporary physical custody of our older child based on his election (which is a matter of law in GA). I retained physical custody of our younger child. My ex lived in AZ at the time.

One week prior to the final custody hearing, my ex announced his intention to move out of the country and take our son with him. At the final custody hearing, I objected but the judge ruled that he could not prevent the move due to our son's election to live with his father.

However, the judge retained jurisdiction over all issues. He made a final custody order but reserved judgment on all financial issues as well as parenting time schedule. His instructions were for the ex to communicate with the court and opposing counsel with updated financial info and school schedules once the move was complete.

The ex failed to supply the updated financial info, stopped paying child support, and alienated my son completely. It has now been more than a year since I have heard from my son.

During this time, the GA court issued a contempt finding, a motion to compel discovery, and a judgment for attorney's fees. The ex still failed to cooperate. The GA court held a trial earlier this year and issued a final order in the case. The ex has violated every provision of that order and still refuses to cooperate.

I filed a Hague Convention application for access. The foreign judge refused to enforce the GA court order but has provided an attorney to represent our son and has encouraged all parties to try to reach a settlement agreement.

At first, the ex would not respond. However, the state of GA recently intercepted his federal tax refund. Now, he wants to negotiate. His settlement offer would involve reducing his arrears by a substantial amount and refunding half of the tax refund--several thousand dollars. In return, he promises to start paying a child support amount that he deems is "fair". The amount he wants to pay is less than half of what the current GA order requires. Also, he promises to encourage our son to resume communication with me. Although, he makes no guarantees that this will happen.

Questions:

1. I dislike the idea of agreeing to his terms with no guarantee of access or of payment. Is it possible to enter into a temporary agreement that would suspend the current GA order and modify the terms to what the ex has demanded but then if he fails to hold up his end, the GA order gets immediately reinstated?

2. Any other suggestions or advice?