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CS Modification across 3 states

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dietcokesnob

Junior Member
What is the name of your state? GA
I was divorced in MO and the CS order was also issued from there. I live in GA with the kids, NCP lives in Nevada. I am using the child support enforcement office here to try to get a modification of the support order. We have been divorced for 7 years and this is the first modification request.

NCP sent a letter to GA Support Office after he was served the papers, that he has retained an attorney and he wants to get jurisdiction moved to Nevada because that's where he lives. From everything I've read I thought that jurisdiction is where the kids live. Questions:
How can he get it moved to Nevada?
If he has an attorney why wouldn't the attorney write the letter for him?
How will obtaining an attorney help my ex? I thought that modification was based on the guidelines of the state (in this case GA), your income and expenses statement and then the amount is decided. What will the attorney be able to accomplish?
Could he be hoping to get it transfer to Nevada because the child support calculator there would be more in his favor than in Georgia?

Thanks for the answers, I did search the forum, but didn't find answers to my questions.
 


Just from experience, you could have moved jurisdiction to GA, just as he is requesting.

When CS gets enforced in another state than the original state of issue, such as MO, it only gets registered there and in your case, GA., and the right to enforce the CSO, MO keeps jurisdiction.

That was a big mistake I made with my order. So after me learning this from my own experience, I will make sure that if I move and request CSE again I will also request them to petition the court to transfer jurisdiction.

I don't know about the guidelines,but if Nevada gets jurisdiction I would assume it goes by that states guidelines, maybe another poster can answer those questions!

Good luck!
 

dietcokesnob

Junior Member
Wouldn't I have to be served

Thanks for the reply.

If he has actually requested a change in jurisdiction, wouldn't he have to serve me with some kind of papers to let me know this?
Writting a letter to the Child Support enforcement office isn't enough, is it?
I would assume he wants it in Nevada because their calculator comes up with $1,000 a month and Georgia with $3,600 a month in child support. That's a huge difference.

I'm still trying to figure out how he benefit from changing jurisdiction and how he can accomplish that.

Thanks, anyone have any answers or even web pages where I can look, I'm searching Google right now.

Thanks.
 

karma1

Senior Member
Always some confusion with what jurisdiction means...

(we just went through all this 3 state confusion)
First of all, the orginating state laws will be the guidelines for support, which in your case will be MO.
Secondly, Nevada can take jurisdiction over the NCP but that does not mean the MO order can be touched, necessarily (ie, changing guideline amounts from one states to another--prevents "state shopping" on both sides.).
And the same goes for your new state--the guidelines go with the originating order however, jurisdiction to enforce that order may end up in your state.
It gets complicated but I am sure an attorney can explain it better.
As an personal example..
DH's order is from CA--neither party live in CA anymore.
Child support order registered in CP's state but that originating order could not be touched (she tried several times)
Child support order then registered in NCP's state and the only thing they could do is enforce the originating order (stipulation filed and agreed upon by NCP).
HOWEVER..
should the NCP want to file for anything, it has to be filed in CP's state..and visa versa....if the CP wants to file anything it has to go through the NCP's state as each state has the actual jurisdiction over that person (where they live, including the children).
Told ya it was complicated...

talk to an attorney though
 
karma1 said:
(we just went through all this 3 state confusion)
First of all, the orginating state laws will be the guidelines for support, which in your case will be MO.
Secondly, Nevada can take jurisdiction over the NCP but that does not mean the MO order can be touched, necessarily (ie, changing guideline amounts from one states to another--prevents "state shopping" on both sides.).
And the same goes for your new state--the guidelines go with the originating order however, jurisdiction to enforce that order may end up in your state.
It gets complicated but I am sure an attorney can explain it better.
As an personal example..
DH's order is from CA--neither party live in CA anymore.
Child support order registered in CP's state but that originating order could not be touched (she tried several times)
Child support order then registered in NCP's state and the only thing they could do is enforce the originating order (stipulation filed and agreed upon by NCP).
HOWEVER..
should the NCP want to file for anything, it has to be filed in CP's state..and visa versa....if the CP wants to file anything it has to go through the NCP's state as each state has the actual jurisdiction over that person (where they live, including the children).
Told ya it was complicated...

talk to an attorney though
WOW, very complicated. So with all that said above, what jurisdiction does MO still have in all of this once it has been changed,just the guidelines?
 

Ohiogal

Queen Bee
The originating state of the order retains jurisdiction provided at least one party to the order still resides in that state. If both parties remove from the state, the jurisdiction can be transferred to the new state that the CHILDREN reside in after a specific amount of time which at this point I have a headache and don't want to look it up. However in split custody situations, that becomes a difficult call and can be considered either state that the parents live in. However, the original state's orders still carry weight. Now is that clear as mud?
 

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