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Support Modification, 2 states involved

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duckdad

Junior Member
What is the name of your state (only U.S. law)? Oregon

I am dad and I have full custody of the child. Mother moved from Oregon to Nevada a little over a year ago and I got a letter from the State of Oregon three months ago stating that they would be asking another case to 'enforce' the order. I just got a letter from the county mom lives in to notify me that since the support order is over 3 years old, I can request an adjustment. What I am wondering is which state guidelines will be used to calculate the new support amount if I request an adjustment. Using Oregon guidelines, the amount I get now would almost double. However, mom has a history of being unemployed or underemployed, and looking at the Nevada guidelines I am afraid of my support dropping down to $100 since they seem to just go by 18% of NCP's income. I am not sure if mom is working right now, but she graduated from college about 3 months ago and was unemployed for about 12 months before that, and the case is in arrears. It's also entirely possible that she is receiving foods stamps right now. Mom comes to visit 2-3 times a year, so I am also wondering if they would count the cost she incurs against child support, even though she is the one who chose to move. I really appreciate any help, thank you.
 


OHRoadwarrior

Senior Member
The court where the order originates maintains jurisdiction unless both parents have moved away and the custodial parent requests a transfer to the childs new state of established residence under UCCJEA.
 

duckdad

Junior Member
Ok, thank you. I also wondering if financial aid is considered income? In addition to working, I am currently in college, and receive federal students loans, as well as grants and scholarships from my tribe & other srouces (I am Native American, as is my daughter).
 

LdiJ

Senior Member
Ok, thank you. I also wondering if financial aid is considered income? In addition to working, I am currently in college, and receive federal students loans, as well as grants and scholarships from my tribe & other srouces (I am Native American, as is my daughter).
Any financial aid, above and beyond what is needed to pay for tuition and fees could possibly be considered as income for child support purposes. That is no guarantee that it will be considered, just that it can be considered.
 

Ohiogal

Queen Bee
Any financial aid, above and beyond what is needed to pay for tuition and fees could possibly be considered as income for child support purposes. That is no guarantee that it will be considered, just that it can be considered.
Loans WOULD NOT be and ARE NOT considered income. Not at all.
 

duckdad

Junior Member
Thank you everyone for your help.

So from what I have been able to understand when reading about an interstate modification is that I need to apply in Oregon, the state that issued the original order, for a modification, correct? I am confused because the letter from Nevada stated that I needed to "write to the office listed above" to request a modification, yet from what I've read, I should apply in Oregon since my daughter and myself still reside here. If I have a choice, I don't want jurisdiction moved to Nevada. Thank you.
 

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