chicken1234
Junior Member
What is the name of your state (only U.S. law)? Missouri, Kansas, Colorado
Paternity/CS/Custody determined in: Missouri
Mom lives in : Kansas for last 7 years
I live in: Colorado for last 3 years, 5 years in SD before
2 kids live in: Colorado
The decree that originated in Missouri as been motified by stipulation twice in Missouri in the last 6 years.
Modification #1 (2007) was because our son was coming to live with me in SD. The stipulation for modification stated that mom and I would have joint legal, joint physical custody of both children with son residing with me in SD, and daughter residing with mom in KS with nobody paying any child support, and each parent covering all expenses for the child that resided with them. (there was visitation addressed to)
Modification #2 (2013) was because our daughter had come to live with me in CO. Mom and I agreed on this change of custody, and mom agreed to pay CS. I did up a form 14 that mom agreed to. I then talked to attorneys and was advised that I could file in Missouri as long as mom and I both agreed to keep it there even though neither of resided there. Mom agreed. Mom went to my attorneys office in Missouri and signed a waiver of service, parenting plan, and all other paperwork. My attorney submitted everything to the court, a hearing was held and was attended by mom, myself, and my attorney. The judge asked me if I agreed to the stipulated parenting plan, I said yes. The judge then advised mom that she had a right to an attorney, mom said she knew but didn't want one. The judge then asked if she agreed to the stipulated parenting plan, mom said yes/ The judge then asked her is she agreed that the CS was just and appropriate, mom said yes. Judge signs everything, and off we go all happy.
THEN: Mom refuses to pay CS, and flat tells me she wont pay a dime until she is forced to. OK..So I cal Missouri CSED and they tell me to call Colorado CSED. I call Colorado CSED and they get everything together and send it to KS for registration and enforcement. Mom had 20 to contest the validity of the order to withhold income. Mom then hires an attorney, asks for a 14 day extension of time to file, and is saying that Kansas cant enforce the Missouri order because it didn't have jurisdiction to modify.
Did a Missouri court have jurisdiction to modify CS if we stipulated to it? and neither party objected to jurisdiction at the time because it was the originating state? My old attorney assured me it did, but now I am wondering.
Paternity/CS/Custody determined in: Missouri
Mom lives in : Kansas for last 7 years
I live in: Colorado for last 3 years, 5 years in SD before
2 kids live in: Colorado
The decree that originated in Missouri as been motified by stipulation twice in Missouri in the last 6 years.
Modification #1 (2007) was because our son was coming to live with me in SD. The stipulation for modification stated that mom and I would have joint legal, joint physical custody of both children with son residing with me in SD, and daughter residing with mom in KS with nobody paying any child support, and each parent covering all expenses for the child that resided with them. (there was visitation addressed to)
Modification #2 (2013) was because our daughter had come to live with me in CO. Mom and I agreed on this change of custody, and mom agreed to pay CS. I did up a form 14 that mom agreed to. I then talked to attorneys and was advised that I could file in Missouri as long as mom and I both agreed to keep it there even though neither of resided there. Mom agreed. Mom went to my attorneys office in Missouri and signed a waiver of service, parenting plan, and all other paperwork. My attorney submitted everything to the court, a hearing was held and was attended by mom, myself, and my attorney. The judge asked me if I agreed to the stipulated parenting plan, I said yes. The judge then advised mom that she had a right to an attorney, mom said she knew but didn't want one. The judge then asked if she agreed to the stipulated parenting plan, mom said yes/ The judge then asked her is she agreed that the CS was just and appropriate, mom said yes. Judge signs everything, and off we go all happy.
THEN: Mom refuses to pay CS, and flat tells me she wont pay a dime until she is forced to. OK..So I cal Missouri CSED and they tell me to call Colorado CSED. I call Colorado CSED and they get everything together and send it to KS for registration and enforcement. Mom had 20 to contest the validity of the order to withhold income. Mom then hires an attorney, asks for a 14 day extension of time to file, and is saying that Kansas cant enforce the Missouri order because it didn't have jurisdiction to modify.
Did a Missouri court have jurisdiction to modify CS if we stipulated to it? and neither party objected to jurisdiction at the time because it was the originating state? My old attorney assured me it did, but now I am wondering.
