Filed correctly?

[concerned dadto2]

II was divorced in one county.  I have since moved one county away.  My XW and child still live in the county in which we divorced.  She has filed a Contempt on my CS (even though it is my employer not paying the correct amount) and a Motion to Modify the CS in the same court we got divorced in.

I was served the rule nisi in the county in which I live for the other county's superior court.

1.  Is this correct procedure shouldn't she have filed in the county in which I live now?

2.  If so and she files in my county can this court find me in contempt since this was not the court or county in which the order was initiated?

3.  For a modification doesn't she have to file in my county under a new case?

Thank you so very much.

[socrateaser]

>1.  Is this correct procedure shouldn't she have filed in the
>county in which I live now?

No, there is no change of venue (county) unless the court in the original county grants one -- and, it won't, because, as you point out, your ex and child still live there.

>
>2.  If so and she files in my county can this court find me in
>contempt since this was not the court or county in which the
>order was initiated?

As, I just stated, the case is correctly filed, but, if you give the court sufficient proof that your employer was served an order to deduct $X, and the employer is only deducting $Y, then you will not be found in contempt, which requires that you be proven to have willfully failed to pay. Get a copy of the wage assignment/garnishment order from your employer, and bring that with a copy of all of your pay stubs for the past month. Show the judge the discrepancy, and then move for a judgment of acquittal.

Having said all this, there is the possibility, that under GA law, you are responsible for paying the support amount even though your employer is withholding the wrong amount. Under this theory, you would be found in contempt, and ordered to pay, but you would have an action against your employer to recover all of the damages cause as the result of the employer's failure to correctly pay.

I advise you to get an attorney to defend you on this one, because it may be necessary to either subpoena the employer to appear with your employment records, or the employer may need to be "joined" as a party in the contempt action, so that the court can order a remedy against the employer, and simultaneously relieve you of the contempt.

In most jurisdictions, the employer's failure to correctly withhold after service of a court order to do so is a very serious civil offense. I would be very surprised if your employer, once notified that there is a substantial discrepancy in the withholding amount, would not immediately resolve the problem.

This makes me wonder what's wrong with this picture. I hope you know the answer, because if you don't, you could really get hammered in court.


>3.  For a modification doesn't she have to file in my county
>under a new case?

Objection: Already asked and answered.