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attempting to change venue collect c/s on closed case

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Texas tornado

Junior Member
What is the name of your state? Florida jurisdiction
Hello, I am new here to the forum but I will try to explain this situation as "simply" as possible. Background. My divorce was finalized 10 years ago in the State of Florida. Three years ago my employment with the government transferred me out of state to the state of Texas. My child visited here several times at my expense but then my ex wife (who had an extensive history of interfering with visittation with the courts) "kidnapped" my child and I did not know where they were for the past 2 1/2 years. I filed back in December of 2005 to cease my child support obligations since my child would legally be an adult within the next couple of months. The courts granted the hearing and motions were sent out to my ex to appear. It was noted that she had at one time sent the courts a "Florida a direct deposit info form" back in 2004 and had a PO Box for Arizona listed. So the courts attempted to have her respond. No answer. The judge granted the child support to end because the child was now legally an adult and was removed from the state of Florida without permission from the courts per the Final Dissolution of Marriage decree(stated she was not permitted to remove the child from the state.) AFter the ruling, the order was sent out and she oddly received it. THis infuriated her and she now has filed the original "Final Dissolution of Marriage" in the State of Arizona and is attempting to have me pay more child support for the months the Judge stopped c/s. The judge in Florida ceased it 2 months early to his graduation due to her removing my child and withholding visitation for over two years from me. She has repeatedly been asked by the courts to disclose the whereabouts of my child and their physical address but she will not disclose it to myself or the courts. She keeps saying that the Florida courts do not have jurisdiction. Can she legally start a new case in Arizona after the Florida courts have already "closed" it and I have an order saying so? By the way, she did not disclose to the AZ courts that there already is an order in place Terminating my support. Please help, I am really looking for some closure to all of this....Thank you:(
 


seniorjudge

Senior Member
Texas tornado said:
What is the name of your state? Florida jurisdiction
Hello, I am new here to the forum but I will try to explain this situation as "simply" as possible. Background. My divorce was finalized 10 years ago in the State of Florida. Three years ago my employment with the government transferred me out of state to the state of Texas. My child visited here several times at my expense but then my ex wife (who had an extensive history of interfering with visittation with the courts) "kidnapped" my child and I did not know where they were for the past 2 1/2 years. I filed back in December of 2005 to cease my child support obligations since my child would legally be an adult within the next couple of months. The courts granted the hearing and motions were sent out to my ex to appear. It was noted that she had at one time sent the courts a "Florida a direct deposit info form" back in 2004 and had a PO Box for Arizona listed. So the courts attempted to have her respond. No answer. The judge granted the child support to end because the child was now legally an adult and was removed from the state of Florida without permission from the courts per the Final Dissolution of Marriage decree(stated she was not permitted to remove the child from the state.) AFter the ruling, the order was sent out and she oddly received it. THis infuriated her and she now has filed the original "Final Dissolution of Marriage" in the State of Arizona and is attempting to have me pay more child support for the months the Judge stopped c/s. The judge in Florida ceased it 2 months early to his graduation due to her removing my child and withholding visitation for over two years from me. She has repeatedly been asked by the courts to disclose the whereabouts of my child and their physical address but she will not disclose it to myself or the courts. She keeps saying that the Florida courts do not have jurisdiction. Can she legally start a new case in Arizona after the Florida courts have already "closed" it and I have an order saying so? By the way, she did not disclose to the AZ courts that there already is an order in place Terminating my support. Please help, I am really looking for some closure to all of this....Thank you:(


Get a certified copy of the whole file from the clerk of the court where the child support was terminated. Make a photocopy for your ex. Mail it to her. Make a phtocopy for yourself. File the certified copy with the court where she is filing stuff now. In your cover letter to the court, tell the court you sent a photocopy of the file to your ex and tell the address where you sent it to her.
 

Texas tornado

Junior Member
re: certified copies

Thank you Senior Judge for your fast response. So far I have made quite a few copies of the original orders, I have sent them all Certified to her addresses (yesterday) on file with the ARizona courts and sent them Certified/overnight to the courts there. I would have sent the entire file, however, the file( at the courthouse) is about 4 feet tall due to the past years of extensive harassment she has caused to the courts, judges, and myself in Florida. The judge's final order was sent out to me last week where apparently she attempted to have him grant a new hearing.. He denied her request and gave her until the 21st of April to disclose her location to the courts to even reconsider her request.
Does this case even possibly have any jurisdiction in Arizona? I am just baffled that she can go around committing a fraud to the courts of ARizona by not disclosing these c/s court orders terminating my responsibilites?
Praying for this to end.
 
Actually the court in which held original jurisdiction of whom originally set the award has jurisdiction.
When your state ordered the child support payments to have ended,it stopped anything associated to the previouse support order unless an arrearage still exist.
the state in which sets the support order is usually the state in which the defendant resides,if she files a motion for child support in Arizona,then Arizona would be required to submit the complaint to your resident state,that would require them to provide due process of notification,it would be wise to contact the state of Arizona to inquire whether or not she has filed a motion,you may then rebutt their jurisdiction.
It is highly unlikely that any Judge would order you to continue to pay any child support,particularly since the previouse judge has already addressed the issue and set the presumption that the best intrest of the child has been satisfied by the court once that court has already made a decree on the matters.
She may be granted a hearring of relevant facts,but it appears those facts can be successfully rebutted on your part.
Unfortunantly if the court in Arizona utilises an administrative process,then you have to be very careful not to associate yourself to that state.
In other words an unfair tactic often used by such court's is that they may demand that you appear before them under subpoena,this will effectively establish a connection between the state of Arizona,and you,therefor allowing them to obtain jurisdiction,by appearring you are submitting yourself to their jurisdiction.
The Arizona court cannot punish you for failing to appear under a subpoena,if you can show that they cannot obtain jurisdiction,or it would be an undue hardship for you to travel such a great distance,in which was a tactic of your ex to pay in more than one way.
Of course im sure there are those who read this and will dissagree in this forum,those individuals that love to respond negatively to my response posts are often seeded advocates of the same government entities of which whom continually aid to the further rapid encroachment of the private and social lives of the people,by government.
The best advice I can give you,is to first assert Arizona cannot obtain personal jurisdiction,after that if they continue then they may end up treading upon a thin line of violating the U.S Constituion of an abuse of power done so under the color of a state law,particulary if it is an administrative agency(administrative is merely an executive process that appoints an administrative law judge in which is an executive officer in charge of overseeing an executive department or agency,another constitutional violation of giving an executive officer a title of a law judge is that it is a title of nobility)of course the states love to claim the intent of the framers of the constitution was to prevent any political officer from being given a special privilage from a foreign government such as being given a title of SIR John John,or Esquire,etc but is quite often hush hush to know the fact that Mr. Ben Franklin was also given the title of Esquire by the king of England.
A good attorney will know exactly how the later part will play into your particular cause, of when and how to successfully use it.
Isnt it wonderful to have the right to be regulated by our servants?lol!
:eek:
 

BelizeBreeze

Senior Member
Texas tornado said:
Thank you Senior Judge for your fast response. So far I have made quite a few copies of the original orders, I have sent them all Certified to her addresses (yesterday) on file with the ARizona courts and sent them Certified/overnight to the courts there. I would have sent the entire file, however, the file( at the courthouse) is about 4 feet tall due to the past years of extensive harassment she has caused to the courts, judges, and myself in Florida. The judge's final order was sent out to me last week where apparently she attempted to have him grant a new hearing.. He denied her request and gave her until the 21st of April to disclose her location to the courts to even reconsider her request.
Does this case even possibly have any jurisdiction in Arizona? I am just baffled that she can go around committing a fraud to the courts of ARizona by not disclosing these c/s court orders terminating my responsibilites?
Praying for this to end.
I am not even going to attempt to read the last reply to you. It's superfluous anyway. SJ is correct. Arizona does not have jurisdiction and cannot until such time as Florida ceeds such. Since Florida considers the case closed, the matter of jurisdiction is moot.

Do as suggested and let Arizona handle the witch.
 

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