My ex-wife wants case moved to a different county

[rkkillion]

What is the name of your state? Indiana
My ex-wife and I have been divorced for 8 years. This was done in Shelby County which was where we lived at the time. Even though both of us have moved to different counties (I'm in Wayne and she's in Hamilton) for several years, we have always gone back to Shelby County Courts for modifications such as changes to custody and filed agreements between each other. I have recently filed a petition for emancipation of our 19 yrs old son and modification to child support for our 16 yrs old daughter whom I have custody of. I received a call for an attorney she has recently hired in Hamilton County and asked me to have the case moved to their county. I said no, I prefer to keep it in Shelby County. He said that it was going to happen under the rules and that if I contest it, I will be charged his legal fees for processing it. Question; is this true? I prefer to keep the case in a neutral site. I do not have an attorney and have filed my own petition. Any information would be appreciated.

 

[LdiJ]

What is the name of your state? Indiana
My ex-wife and I have been divorced for 8 years. This was done in Shelby County which was where we lived at the time. Even though both of us have moved to different counties (I'm in Wayne and she's in Hamilton) for several years, we have always gone back to Shelby County Courts for modifications such as changes to custody and filed agreements between each other. I have recently filed a petition for emancipation of our 19 yrs old son and modification to child support for our 16 yrs old daughter whom I have custody of. I received a call for an attorney she has recently hired in Hamilton County and asked me to have the case moved to their county. I said no, I prefer to keep it in Shelby County. He said that it was going to happen under the rules and that if I contest it, I will be charged his legal fees for processing it. Question; is this true? I prefer to keep the case in a neutral site. I do not have an attorney and have filed my own petition. Any information would be appreciated.

Its proper for the case to be heard in Hamilton County. Its not proper for it to be heard in Shelby County. If you contest this one, you will lose**************and yes, it possible that you will have to pay his legal fees for fighting against something proper.

However....its possible that it could also be proper for it to be heard in your county, depending on how long your daughter has been living with you.....however if the change was recent, its probably not.

 

[rkk916]

My daughter has been with me for the last 4 years. How do I go about requesting the case be transferred to my county instead of hers.

 

[LdiJ]

My daughter has been with me for the last 4 years. How do I go about requesting the case be transferred to my county instead of hers.

Your going to need an attorney if you want to do that. You have an unusual situation because each of the two children are legal residents of a different county, but you are filing an action that involves both children.

Personally, I think that the cost and agravation to fight for it to be heard in any specific county isn't worth it for you. If the case involves child support only then you aren't going to risk getting different results from different judges.

 

[rkk916]

Okay, thanks for the information. I'm not sure why she retained an attorney in the first place. Our son clearly qualifies for emancipation under the rules and I clearly qualify to start receiving child support for our duaghter under the guidelines. And the amount of support is based on our incomes and the state's guidlines (chart). We both carry health insurance on her. My daughter clearly wants to stay with me. I'm just not sure what my ex-wife has up her sleeve. Any thoughts????

 

[LdiJ]

Okay, thanks for the information. I'm not sure why she retained an attorney in the first place. Our son clearly qualifies for emancipation under the rules and I clearly qualify to start receiving child support for our duaghter under the guidelines. And the amount of support is based on our incomes and the state's guidlines (chart). We both carry health insurance on her. My daughter clearly wants to stay with me. I'm just not sure what my ex-wife has up her sleeve. Any thoughts????

Her motives are no different than anyone else's. She has been receiving child support from you and has counted on that in her budget. Now you are both filing to stop that child support...and asking for support from her. Its a double whammy financially for her.

Its also possible that your son is not self-supporting yet, even if he qualifies for emancipation...and that may be part of her motivation as well. Many 19 year old's are not. Therefore she may be panicking financially, and that motivated her to hire an attorney.