Jurisdiction?

[wavehopper27]

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

Ex moved with kids to NC 3 years ago, prior to that, she lived in Plymouth County, MA. Plymouth County is where all our current orders originated from. I live in Worcester County. She has filed to modify our visitation agreement in Plymouth County.

The question I have is since neither of us live in Plymouth County can I ask to have the case moved to the county I live in? If yes, how would I do that?

 

[Ohiogal]

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

Ex moved with kids to NC 3 years ago, prior to that, she lived in Plymouth County, MA. Plymouth County is where all our current orders originated from. I live in Worcester County. She has filed to modify our visitation agreement in Plymouth County.

The question I have is since neither of us live in Plymouth County can I ask to have the case moved to the county I live in? If yes, how would I do that?

If the case were to be moved, it would be moved to NC due to MA being an inconvenient forum. Visitation issues deal with the children and anyone (professionals) who would testify regarding the children would be located in NC. Under the UCCJEA then, the case could be transferred to NC.

 

[wavehopper27]

If the case were to be moved, it would be moved to NC due to MA being an inconvenient forum. Visitation issues deal with the children and anyone (professionals) who would testify regarding the children would be located in NC. Under the UCCJEA then, the case could be transferred to NC.

Is this still true if the case only involves a request to modify CS?

 

[Ohiogal]

Is this still true if the case only involves a request to modify CS?

You stated:

She has filed to modify our visitation agreement in Plymouth County.

CSEA can modify child support in your county. But the court in the other county retains jurisdiction.

 

[wavehopper27]

The amount of child support I pay is set in our visitation agreement rather than MA CS guidelines. We agreed on this different amount as part of a larger agreement that authorized her to move to NC with our kids. This part confuses me. Would the agreement itself need to be modified to change the amount of support I paid? Would a standard support order trump the amount set in our visitation order?

 

[TheGeekess]

The amount of child support I pay is set in our visitation agreement rather than MA CS guidelines. We agreed on this different amount as part of a larger agreement that authorized her to move to NC with our kids. This part confuses me. Would the agreement itself need to be modified to change the amount of support I paid? Would a standard support order trump the amount set in our visitation order?

New court orders for support will trump any old court orders for support.