UIFSA- jurisdiction when both parties leave issuing state?

[vsavage]

What is the name of your state (only U.S. law)? Arizona

I cant seem to find a "specific" answer...of where the new jurisdiction would be for an existing child support order when both parties have moved out of the issuing state (state A).


mother relocated to state B (with sole physical and legal custody) and father to state C. If either party wanted to modify child support--what state would have the right to claim jurisdiction? it seems like it would be the state where the children reside- but I would just hate to ass-u-me

 

[BL]

What is the name of your state (only U.S. law)? Arizona

I cant seem to find a "specific" answer...of where the new jurisdiction would be for an existing child support order when both parties have moved out of the issuing state (state A).


mother relocated to state B (with sole physical and legal custody) and father to state C. If either party wanted to modify child support--what state would have the right to claim jurisdiction? it seems like it would be the state where the children reside- but I would just hate to ass-u-me

That would most likely be correct , as neither party lives in the originating State.

 

[KansasPrincess]

Wouldn't they have to petition with the courts on a change of jurisdiction? If you don't change it, State A retains jurisdiction, and any modifications would have to go through the same court house as the original documentation.

It also depends on how long everyone has been relocated. Some states require you to be there a minimum of 6 months, some is a minimum of one year before you're actually a "resident" of the state. I don't know of any states that will take jurisdiction of an existing court order without the petitioning party being a resident.

 

[garrula lingua]

What is the name of your state (only U.S. law)? Arizona

I cant seem to find a "specific" answer...of where the new jurisdiction would be for an existing child support order when both parties have moved out of the issuing state (state A).


mother relocated to state B (with sole physical and legal custody) and father to state C. If either party wanted to modify child support--what state would have the right to claim jurisdiction? it seems like it would be the state where the children reside- but I would just hate to ass-u-me

It depends.
Mom can just register the order in State C for enforcement.

Or, if Dad files for modification, it should be filed in State B; if Mom wants modification, it should be filed in St C. UIFSA was drafted with the intent that a request for modification be filed in the state of "the non-requesting party" (to stop forum-shopping). The original age of majority (as was stated in the St A's order) remains. The child support guideline would be according to the non-requesting party's state guideline.

Child custody is a different issue. That is governed by UCCJEA.

 

[Skill7D]

It depends.
Mom can just register the order in State C for enforcement.

Or, if Dad files for modification, it should be filed in State B; if Mom wants modification, it should be filed in St C. UIFSA was drafted with the intent that a request for modification be filed in the state of "the non-requesting party" (to stop forum-shopping). The original age of majority (as was stated in the St A's order) remains. The child support guideline would be according to the non-requesting party's state guideline.

Child custody is a different issue. That is governed by UCCJEA.

To add on to this, once it is modified in a state, that state assumes jurisdiction. If the mother files for a modification first, the modification is heard in your state based on your state's guidelines. All future mods are heard in your state as long as you reside there. Conversely, if you request a mod, the mod is heard in her state and all future mods are heard there.

As far as emancipation, garrula is correct again. The only caviat to that is if emancipation is mentioned specifically in the new order.

 

[Silverplum]

As far as emancipation, garrula is correct again.

What with being a site-verified attorney, and all.

The only caviat to that is if emancipation is mentioned specifically in the new order.

I'm generally not a spelling-corrector, but if you plan to Use The Bigger Words, you ought to be able to spell 'em.

While I'm here, I'd like to point out that we do not like to "resurrect" dead threads. This one is a month old: that's too old to resurrect. Thanks.