Modification

[NickT800]

What is the name of your state (only U.S. law)? Colorado
Hi,
I had a divorce finalized in Colorado with child support and maintenance which has/is been/being paid. The mother and my son have moved to Oregon where she submitted paperwork to have the case "registered" in Oregon. I called them to see where to modify, and Oregon stated Colorado has jurisdiction. They (the clerk�s office ) stated this case is "only registered here". This is the same response the child support agency in Oregon stated. I have put in to modify in Colorado and sent her all of my financial information needed. The court then has ordered a mediator for us, which she is refusing to schedule within the dates, specified by the courts, and has sat on her hands this entire process. My question is, since she is being so quiet and held back on this, is there something I don�t know concerning the issue? Do I need to in fact modify it in Oregon, or go ahead with what the Colorado court is asking, which is what I have been doing.

Thanks

 

[wavehopper27]

Colorado will retain jurisdiction as long as you continue to live there.

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado
Hi,
I had a divorce finalized in Colorado with child support and maintenance which has/is been/being paid. The mother and my son have moved to Oregon where she submitted paperwork to have the case "registered" in Oregon. I called them to see where to modify, and Oregon stated Colorado has jurisdiction. They (the clerk�s office ) stated this case is "only registered here". This is the same response the child support agency in Oregon stated. I have put in to modify in Colorado and sent her all of my financial information needed. The court then has ordered a mediator for us, which she is refusing to schedule within the dates, specified by the courts, and has sat on her hands this entire process. My question is, since she is being so quiet and held back on this, is there something I don�t know concerning the issue? Do I need to in fact modify it in Oregon, or go ahead with what the Colorado court is asking, which is what I have been doing.

Thanks

You want to modify child support only? Or parenting time/tax exemptions/whatever also?

Just set a date for mediation and properly notify her. She can show up or not.

 

[latigo]

Colorado will retain jurisdiction as long as you continue to live there.

Would you please explain how that statement can be reconciled with the following provisions from Colorado's UCCJEA:

Colo. Rev. Stat. 14-13-202. Exclusive, continuing jurisdiction

(1) Except as otherwise provided in section 14-13-204, a court of this state that has made a child-custody determination consistent with section 14-13-201 or 14-13-203 has exclusive, continuing jurisdiction over the determination until:

(b) A court of this state or a court of another state determines that the child, the
child's parents, and any person acting as a parent do not presently reside in this state.
________________

Incidentally the exception mentioned in section 14-13-204 is not germane to the question of continuing jurisdiction. It has to do with emergency issues involving the safety and welfare of the child wherein in the child is present in the state with or without the presence of parents.

 

[Zigner]

Would you please explain how that statement can be reconciled with the following provisions from Colorado's UCCJEA:

Colo. Rev. Stat. 14-13-202. Exclusive, continuing jurisdiction

(1) Except as otherwise provided in section 14-13-204, a court of this state that has made a child-custody determination consistent with section 14-13-201 or 14-13-203 has exclusive, continuing jurisdiction over the determination until:

(b) A court of this state or a court of another state determines that the child, the
child's parents, and any person acting as a parent do not presently reside in this state.
________________

Incidentally the exception mentioned in section 14-13-204 is not germane to the question of continuing jurisdiction. It has to do with emergency issues involving the safety and welfare of the child wherein in the child is present in the state with or without the presence of parents.

Lat, notice the "and?" The OP is still in CO. The OP is a parent. Colorado will retain jurisdiction.

 

[Silverplum]

Lat, notice the "and?" The OP is still in CO. The OP is a parent. Colorado will retain jurisdiction.

Indeed, you and wavehopper are correct. It was nice of Latigo to provide the law, as my copy/paste abilities are presently hampered.

OP, do NOT answer to the OR court without proper legal advice, lest you cede jurisdiction to OR.

 

[TheGeekess]

Would you please explain how that statement can be reconciled with the following provisions from Colorado's UCCJEA:

Colo. Rev. Stat. 14-13-202. Exclusive, continuing jurisdiction

(1) Except as otherwise provided in section 14-13-204, a court of this state that has made a child-custody determination consistent with section 14-13-201 or 14-13-203 has exclusive, continuing jurisdiction over the determination until:

(b) A court of this state or a court of another state determines that the child, the
child's parents, and any person acting as a parent do not presently reside in this state.
________________

Incidentally the exception mentioned in section 14-13-204 is not germane to the question of continuing jurisdiction. It has to do with emergency issues involving the safety and welfare of the child wherein in the child is present in the state with or without the presence of parents.

Considering CS is covered by UIFSA and not UCCJEA.

The primary legal tool for interstate cases is the Uniform Interstate Family Support Act (UIFSA). UIFSA gives states the power to reach beyond their borders for the establishment and enforcement of support orders. It also allows states to enforce a support order issued in another state. If legal action is needed to establish or enforce an order in another state, UIFSA makes the process easier, as state child support agencies must help each other. However, the county CSE Unit must rely on the other state’s laws, regulations, procedures and personnel to take action on the case. The other state may assess fees or withhold fees from the support collected.

https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cmarentsinDifferentStates.jsp

For OP:
https://childsupport.state.co.us/siteuser/do/vfs/Read?file=/cmublications/cm:Of_x0020_Interest_x0020_to_x0020_Parents/cm:Mod_x0020_Your_x0020_CSO.pdf
https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:home_Par.jsp

ETA: Seems the forum software is making the "" emoticon out of the link above. That is a lowercase "P" after a colon in that first link.

 

[Silverplum]

TheGeekess is also correct and all sorts of legal.

Her post is why I asked the questions I did.