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What state has jurisdiction?

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Phnx02

Member
What is the name of your state? Texas

Child was born in Texas and original CS order was established there. The NCP moved away from the state of TX before the child was born and has never exercised visitation although he pays CS as ordered. The CP has since moved out of state (TX) as well. CS payments are still being sent and recieved thru Texas. When CP parent relocated to new state and contacted the new state's AG office to get case transferred there, was told not necissary -is perfectly legal and easier to just keep the case in original state. Now, a modification (increase in CS) is currently being sought. Which state has jurisdiction for the modification? The state where the original order was established (although neither parent resides there anymore) or the new state where the CP now resides? Numerous phone calls to lawyers in both states resulted in different answers - it seems no one knows for sure!
 


LdiJ

Senior Member
Phnx02 said:
What is the name of your state? Texas

Child was born in Texas and original CS order was established there. The NCP moved away from the state of TX before the child was born and has never exercised visitation although he pays CS as ordered. The CP has since moved out of state (TX) as well. CS payments are still being sent and recieved thru Texas. When CP parent relocated to new state and contacted the new state's AG office to get case transferred there, was told not necissary -is perfectly legal and easier to just keep the case in original state. Now, a modification (increase in CS) is currently being sought. Which state has jurisdiction for the modification? The state where the original order was established (although neither parent resides there anymore) or the new state where the CP now resides? Numerous phone calls to lawyers in both states resulted in different answers - it seems no one knows for sure!
File for the modification through your local CSE office. They will sort it out for you.
 

kat1963

Senior Member
I agree. But do bear in mind that the state where the NCP resides could have jurisdiction. The money trail doesn’t necessarily follow the child (to prevent c/s shopping). You need to read up on the Uniform Interstate Family Support Act.
KAT
 

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