? modification of domesticated order...

[haiku]

What is the name of your state? n/a

So...I am trying to explain this to someone in IRL....If you modify a domesticated order, which states income guidelines are used? The new states or the old states? Someone in question now has a child support order with a different "ending time", along with the new states income guidelines....

I am having a hard time explaining how it all works, and need some of you more "brilliant types" to give me a good concise answer!

 

[Silverplum]

What is the name of your state? n/a

So...I am trying to explain this to someone in IRL....If you modify a domesticated order, which states income guidelines are used? The new states or the old states? Someone in question now has a child support order with a different "ending time", along with the new states income guidelines....

I am having a hard time explaining how it all works, and need some of you more "brilliant types" to give me a good concise answer!

This happened to my H, from AZ to CO. He did not know that this would extend his CS by one year (CO goes to age 19), and his genius lawyer didn't tell him that. I guess my H could've objected in some way, but this was years ago; perhaps 1993 or 94. Around in there.

I've got nothing brilliant, just a real-life example that yes, the CS order changed to the new state's guidelines.

 

[CJane]

Conventional wisdom is that while you can move ENFORCEMENT to a new state w/a domesticated order, it's much more difficult to use the new state's guidelines.

I only know of it happening a couple of times, and it's been when the other parent hasn't disputed it AND the child was quite young and therefore had a lot of 'life' left in the order... so perhaps it wasn't seen as 'forum shopping' so much?

 

[Silverplum]

I only know of it happening a couple of times, and it's been when the other parent hasn't disputed it AND the child was quite young and therefore had a lot of 'life' left in the order... so perhaps it wasn't seen as 'forum shopping' so much?

As was the case for my H.

 

[TinkerBelleLuvr]

SP - that makes it sound like forum shopping (what happened to you). I thought that the guidelines (at least for length of support) were based on the original state.

 

[haiku]

This happened to my H, from AZ to CO. He did not know that this would extend his CS by one year (CO goes to age 19), and his genius lawyer didn't tell him that. I guess my H could've objected in some way, but this was years ago; perhaps 1993 or 94. Around in there.

I've got nothing brilliant, just a real-life example that yes, the CS order changed to the new state's guidelines.

so many conflicting stories....LOL

 

[haiku]

Conventional wisdom is that while you can move ENFORCEMENT to a new state w/a domesticated order, it's much more difficult to use the new state's guidelines.

I only know of it happening a couple of times, and it's been when the other parent hasn't disputed it AND the child was quite young and therefore had a lot of 'life' left in the order... so perhaps it wasn't seen as 'forum shopping' so much?

see, the person in question's new order child support/visitation was figured using the new states guidelines completely...there was no nod to it ever being in another state. there are only a few years left, the kids are all in thier teens. And the new order now has a different ending time for support then the old order.

 

[Silverplum]

SP - that makes it sound like forum shopping (what happened to you). I thought that the guidelines (at least for length of support) were based on the original state.

It actually happened *to* my H, though I sure put some cash into it myself!

I think it was that he didn't disagree/object. He was working on a LOT of details, his attorney was, um, so-so at best , and my H was MUCH more interested in the parenting time part of the new agreement!!

It's only later that you find out that you shoulda paid attention to the money part. But it really didn't bother my H. You all might not believe it, but he consistently paid over the CS order, the entire time the beasties were childrens.

He's one of those rare Superior Beings.

 

[Silverplum]

see, the person in question's new order child support/visitation was figured using the new states guidelines completely...there was no nod to it ever being in another state. there are only a few years left, the kids are all in thier teens. And the new order now has a different ending time for support then the old order.

Yes, that's exactly how it went for my H: the new agreement was entirely revamped to CO standards. Both CS and parenting time. The only thing they kept from the original was the agreement to each claim one child apiece on their taxes.