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Catch 22 on Jurisdiction

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Ambr

Senior Member
What is the name of your state? Missouri / Arkansas

I having trouble on a jurisidiction issue with Child SUpport.

Background info.....
order is established in Missouri and maintained through Interstate office - since dad was still in MO we couldn't pull to AR
Mom and kids -- live in Arkansas
Dad is 3 1/2 years in arrears.

They have tried the wage with holding - he quits and it takes several months to locate again and the same thing occurs over and over. He is moving back in forth between Missouri and Arkansas and they can't establish a residence for him.

They filed a court case in Missouri. At the time it was filed it was a Misdemeanor (it's now felony amount and time frame). They tried to serve him through the mail and it was returned. A year and half later --- still no service, court case is just sitting there.

Get this.....the court case was dismissed.

The CS caseworker stated that the established residence he now has is in Arkansas. Since both parents are residing in Arkansas the Missouri case has been dismissed because they have no jurisdiction over him.

Is this a common thing? It seems like it would be really easy to dodge prosecution if this is the case. Just keep relocating and no specific state could claim jurisdiction.

The really screwey part**************since we are not receiving state aid assistance it's going to cost MAJOR for Arkansas to pick up the order. The initial fees to establish their services isn't that bad.....but for them to pursue him legally will be like $1000 for the court fees and then depending on how long they spend on it. They actually have billing of $100 an hour and fees for court appearance and miscellaneous billing, etc. By the time they add it all up.....it will eat up what he owes and wouldn't benefit us anyways.

Just seems like a catch 22 and wondered if anyone had similiar problems?
 


Ambr

Senior Member
I thought that too....it would be added to his costs.

But when I checked out the Arkansas child support website, it breaks down all the requirements and processing fees, etc that are assessed AGAINST the CP as a guideline to establishing the Support Order or enforcing a current order from another state and what it takes to pursue it legally.

I thought I might be reading it wrong or something.

I have an appointment to speak with CSE on Friday.
 

Zephyr

Senior Member
you can certainly ask for the judge to order him to be responsible for court costs and costs associated with the administration and collection of the cs. If you have his current address now would be thr opportune time for you to file for contempt.
 

Ambr

Senior Member
it just seemed to me that since CSE in MO had established an address for him - they could refile the case (as a felony) and pursue him legally.

My thoughts were that he has now figured out that when he is pursued in AR, just move to MO and AR drops it. When MO picks it up = move back to AR and MO will drop it.

It just looked like a loop hole and I was wondering if anyone had simliar problems and maybe they could point me in a direction for steps to figure out where to go. Heck....can't get support out of him, doubt he would pay the costs, etc. Just another debt sitting there growing.

I know.....I shouldn't be so negative. Just being realistic.
 

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