Georgia / California Filers Meet 180 day residency requirement - or do they?
Posted: Wed Mar 07, 2012 9:35 am
I am concerned about filing here in CA for joint debtors.
Husband and wife have two households but ALL MONEY is from Georgia employment.
Husband and Wife moved Wife and three children to CA in July 2011 (more than 180) days with job (with same Georgia company) promised to husband here in CA.
Job fell through. But he is still pursuing job opps here within his company and he feels that he will succeed although he can produce no confirmation letter from a boss or otherwise to confirm same.
Wife and children are here in Burbank Since July/August, children are making money acting. Wife is seeking employment but has made no money in the last six months.
ALL Paychecks are from Georgia job and hubby is living in Georgia. He must, in order to support family while trying to relocate here to CA. Wife flat out REFUSES to move back to Georgia but they are not in process of divorce (yet).
Wife and kids meet 180 day residency with obvious intent to stay. I met hubby, it's obvious he's determined to get here, but it makes me nervous.
I've been reviewing Section 109 and 523(b)(3)(A) and I've filed successfully for debtors before who had moved here from Texas and moved back to Texas! But they were both here for six months employed in CA before they moved back.
I guess I'm concerned that since he's the primary wage earner and remains in Georgia, this will mean they should file in Georgia? I see nothing in the Code to confirm my fears, given wife is here with intent to stay.
Help.
Thanks!
Sandra Maria Nutt, Attorney at Law
5910 Van Nuys Boulevard
Van Nuys, California 91401
Tel: (818) 988-8878
Fax: (818) 988-8339
SandraNutt1234@gmail.com
Web site: SandraNuttAttorneyAtLaw.com
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