What is the name of your state (only U.S. law)? Texas/Colorado
I tried this on another site, but after 200+ views still no answer. Hoping I can get some help here.
My original divorce was filed and finalized in Colorado where at the time my ex wife and our children were living, and I am a legal resident. Since then she and the children have moved to Texas (they actually moved shortly after she filed for the divorce and before the order was finalized). I pay her child support directly, twice a month as per our order. We have never had any issues since the divorce that we haven't just handled ourselves. We've always communicated, and have worked well together to co-parent for the most part. I was blindsided when I recently recieved 3 envelopes from the AG in Texas (the county she lives in). One was a Income Witholding Order for child support and states it's based on the order in Colorado. I have no problem with this, if she prefers to be paid once a month through the court that's fine. The second was a letter I could sign and return if I desired there to be a review. The third was a letter saying the court would start reporting to the credit bureaus based on an arreage of x amount of dollars if not paid in 30 days. I called the child support office and explained I have never missed a payment and can prove this with bank statements. The amount wasn't a round number, was less than the monthly amount so I'm not sure where the figure came from. They told me I had to fill out an affidavit of direct payment (they would mail it) and it would be reviewed and credited. I also asked if they were only enforcing the out of state order or if they now have jurisdiction. The woman told me they have jurisdiction of our complete order, including custody.
I have no problem with this, I understand the laws and my ex wife and our children have lived in Texas almost 5 years now and since none of us live in Colorado I get why Texas has jurisdiction. My question is how could this have happened without me ever being notified? Hopefully there will be no issues, IWO will go into effect, she'll get paid automatically, and hopefully my affidavit will be accepted and I'll be credited for my payment before the credit agencies are notified. I'm just curious if at any point in the process I should have receieved notification. I tried to contact my ex and she wouldn't answer her phone. (Our kids are visiting my parents so she would probably wonder why I was calling her to begin with). It just seems like there were some steps along the road I wasn't included on and I'm curious as to how. I understand its probably moot, but could it have happened without me ever being notified?
My second question involves a modificaiton. Our current order allows my ex wife to claim both of our children on taxes every year. Also, that she is responsible for 50% of travel costs. (She moved first, but I'm military and have moved a couple times since the order but have never increased the distance/expense more than her first and second moves (Colorado and ultimately Texas). I would like to request to claim at least one of the children each year on taxes. Also, if she were willing to let me claim them both I would be willing to accept 100% of responsibility for travel costs, as she always states she can't afford it and I usually end up having to come up with the money myself anyway. Is this a request to modify custody? Child support? How do I go about this? I assume also that now the order is in Texas that I would have to request the modification in the county she resides in. Would this be something that would need a hearing? If so could an attorney appear for me?