Switching states for child support

[Xrandy]

What is the name of your state? Missouri

I was divorced in 12/2003 in Missouri. My ex was awarded custody of our son and moved to Tennessee in 01/2004. I moved to California in 10/2005 and currently reside here. I have paid my child support on time throughout. Yesterday (29 Oct 2007) I received notice from the Child Support Enforcement Division of the State of Tennessee that they wnat all my income info because my ex is trying to move child support (jurisdiction? I guess) to Tennessee.

Can she unilaterally do this?

Can I pettion to have my case moved to California, since I live here?

 

[CourtClerk]

What is the name of your state? Missouri

I was divorced in 12/2003 in Missouri. My ex was awarded custody of our son and moved to Tennessee in 01/2004. I moved to California in 10/2005 and currently reside here. I have paid my child support on time throughout. Yesterday (29 Oct 2007) I received notice from the Child Support Enforcement Division of the State of Tennessee that they wnat all my income info because my ex is trying to move child support (jurisdiction? I guess) to Tennessee.

Can she unilaterally do this?

Can I pettion to have my case moved to California, since I live here?

To answer your question quickly, yes she can do it and she should. There is no reason for Missouri to retain jurisdiction of a child support case when neither one of you reside in Missouri anymore. What happens when either of you find a need to appear in court? Are both of you going to fly to Missouri? Missouri is now an inconvenient forum.

California should not take jurisdiction (and has no reason to) as it appears that mother and child are both now residents of Tennessee.

 

[Xrandy]

Thanks CourtClerk,

Will all the stipulations of my Missouri decree remain the same?

Specifically:

My visitation rights and schedule.

The amount I pay.

My abatement (I do not pay if in the summer if he stays for 60 days or more).

The stipulation that child support ends when he turns 18.

The stipulation that she is to pay for half of transportation expenses (though she never has).

 

[CourtClerk]

Thanks CourtClerk,

Will all the stipulations of my Missouri decree remain the same?

Specifically:

My visitation rights and schedule.

The amount I pay.

My abatement (I do not pay if in the summer if he stays for 60 days or more).

The stipulation that child support ends when he turns 18.

The stipulation that she is to pay for half of transportation expenses (though she never has).

It should just basically be a sister state judgment which means that the new state will honor the orders of the old court. Nothing stops her, however, for going in for a modification of the support, but barring anything being changed, all stipulations will remain the same. It makes things cleaner for all parties involved really.

 

[Xrandy]

Well I see your point about how switching courts to Tenn, where she lives, as being convient for HER, but it is now an even farther distance to Tenn for me in CA.

Since that would put me at an obvious disadvantage, I would rather everything stay in Missouri. That way she would have to make an effort to go to Missouri, which means she would be less likely to use the court to harass me (which is her nature). By switching to Tenn now she could arbitrarily petition the court with her every whim (long story short she is vindictive and rational only about half the time) and I would be the one either sucking it up or spending money for plane tickets to Tenn.

I think I have a vested interest in the case reamning in Missouri. What legal actions can I take?

 

[Neal1421]

Since neither of you still reside in MO, the likelihood of it staying there is pretty slim.

 

[milspecgirl]

she cannot just move to tn and use it to revamp the order based on tn laws. I believe that you would both have to agree to a change in jurisdiction for CS purposes or that it would go to your state. Custody issues, etc would eventually go to Tn once Mo releases jurisdiction. I think you should answer TN that you do not agree for a release of jurisdiction for child support purposes. I thought this was the way it was to keep either parent from moving to a state that was more child support friendly for them. I was always told that for cs purposes, if a change of jurisdiction was warranted, it would be to the NCP's state unless BOTH parties agreed otherwise. This would keep CP from moving to a state with rules they liked better. NCP can't ask for it to be moved to their state unless CP asks for a change of jurisdiction. This keeps NCP from moving to a better state for them

 

[CourtClerk]

Well I'd say it's obvious that she's not trying to move to TN just to get hold of TN laws... she's been there almost 4 years already... apparently this is just becoming an issue.

Sure... the OP can make a motion for the Missouri court to retain jurisdiction, but in all probability, they are not going to. Neither one of the parents live there... or have lived there for years already. They no longer have an interest.

I'll bet the bank (in all of my experience) that she petitions to change jurisdiction and she wins. Besides... I just saw this play out yesterday... didn't work here either.

 

[LdiJ]

Thanks CourtClerk,

Will all the stipulations of my Missouri decree remain the same?

Specifically:

My visitation rights and schedule.

The amount I pay.

My abatement (I do not pay if in the summer if he stays for 60 days or more).

The stipulation that child support ends when he turns 18.

The stipulation that she is to pay for half of transportation expenses (though she never has).

On thing that you need to understand is that both child support and child custody/visitation are things that are modifiable. Therefore you can never count on things remaining exactly the same.

If its been 4 years since your child support order was set, then its quite likely that you are in for a recalculation. If your income has increased since your order was set, its quite likely that you will end up with an increase.

A recalculation could cause your abatement to go away. Abatements are rarely in effect anymore. Instead of giving abatements, parenting time is taken into consideration in the overall calculation, and you pay a little less all year long, instead of paying more for 10 months, and nothing for two.

You also can't count on child support ending specifically at age 18. Generally its age 18 or graduation from high school, whichever comes last. If, for example, your child would turn 18 in december, and graduates from high school the following may...you can expect to pay until may.

So...just keep in mind that things CAN change and probably will....and that's normal.

 

[kat1963]

This is what you need to be reading. Example: Exhibit 3.1 The following is a check-list of the eight circumstances recognized by UIFSA to support a State's assertion of personal jurisdiction over a nonresident.
UIFSA Procedural Guidelines Handbook
http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm

KAT

 

[jethrowclampet]

It sounds like the OP already has a CS order in place. I was under the impression that in order to modify a CS order where neither party still resides in the issuing state, the person requesting the mod would have to file in the state where the person lives. By filing in the other person's state, the moving party (person filing) consents to the other state's personal jurisdiction while the state already has personal jurisdiction over the non-movant because of their residence.

The other exception is if both parties mutually agree to a third state's jurisdiction to modify the order.

Check out this link...

http://faq.acf.hhs.gov/cgi-bin/acfrightnow.cfg/php/enduser/std_adp.php?p_faqid=41&p_created=972590004&p_sid=RgoGiEPi&p_accessibility=0&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PWRmbHQmcF9ncmlkc29ydD0mcF9yb3dfY250PTYmcF9wcm9kcz0mcF9jYXRzPTAmcF9wdj0mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PW1vZGlmeQ**&p_li=&p_topview=1

 

[CJane]

I thought this was the way it was to keep either parent from moving to a state that was more child support friendly for them. I was always told that for cs purposes, if a change of jurisdiction was warranted, it would be to the NCP's state unless BOTH parties agreed otherwise.

I honestly think this is one of those cases where the OP needs to think very carefully about whether this is a battle worth fighting.

MO is an income shares state.
TN is an income shares state.
CA is an income shares state.

So, my recommendation before filing to keep the case in MO is for the OP to use the following calculators to figure up what CS would be following each state's guidelines. Then, if there is no significant difference in amounts, to just let it go.

TN: http://www.state.tn.us/humanserv/is/isdownloads.htm
MO: http://www.williamquick.com/demo/form14v2.xls
CA: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Those are all 3 the official calculators that the states use and so will give you a VERY accurate estimate of what you can expect to pay.

 

[haiku]

I honestly think this is one of those cases where the OP needs to think very carefully about whether this is a battle worth fighting.

MO is an income shares state.
TN is an income shares state.
CA is an income shares state.

So, my recommendation before filing to keep the case in MO is for the OP to use the following calculators to figure up what CS would be following each state's guidelines. Then, if there is no significant difference in amounts, to just let it go.

TN: http://www.state.tn.us/humanserv/is/isdownloads.htm
MO: http://www.williamquick.com/demo/form14v2.xls
CA: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Those are all 3 the official calculators that the states use and so will give you a VERY accurate estimate of what you can expect to pay.

This right here!

I know the deciding factor when this sort of thing happened to my husband (different states) was the fact the as opposed to the old support order, which ended AFTER 21, the new state ends AT 18 or out of high school.....once we knew that, there was NO argument...

 

[jethrowclampet]

This right here!

I know the deciding factor when this sort of thing happened to my husband (different states) was the fact the as opposed to the old support order, which ended AFTER 21, the new state ends AT 18 or out of high school.....once we knew that, there was NO argument...

Under the UIFSA, CS termination date is one of the nonmodifiable aspects of a CS order. In the OPs case, the CS termination date follows the rules for the state where the original order was entered even if they neither party still resides in this state. For example, if the original order was in NY where CS can be ordered to age 21 and all parties move to a state where the maximum length of time for CS is 18, CS can be order until age 21.

 

[CJane]

Under the UIFSA, CS termination date is one of the nonmodifiable aspects of a CS order. In the OPs case, the CS termination date follows the rules for the state where the original order was entered even if they neither party still resides in this state. For example, if the original order was in NY where CS can be ordered to age 21 and all parties move to a state where the maximum length of time for CS is 18, CS can be order until age 21.

CS in MO ends at 18 unless there is a provision in the order prior to the child attaining the age of 18 which allows for CS to be paid until the age of 21 as long as the child is enrolled full time in post-secondary school.

I believe TN has very similar guidelines.