Should original CS order be abondoned??

[Datman07]

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

I just received a notice today that states that I have a right to request a review of the original CS order done some time ago (2005). Original hearing took place in Tennessee as that was CP's "claimed" residence at the time. I have always lived in another state. CP has since moved west and been living there for the past few years (by personal choice, no deployment issues, etc.) and wondering if I should ask for a review and possible abandonment of original CS order since CP has voluntarily moved out of state on her own free will, and to elect to ammended CS/Parental agreement in the state she actually resides.

This may sound like a simple "YES", however there are a couple of issues.

1. CP is believed to still be claiming Tennessee residency, although she has not lived in the state for 3 years now, she has not applied for a new license and keeps her vehicle registered in Tennessee, more than likely using her mother's address.

2. She has been untruthful in the past regarding legal residency (as in original CS hearing).

I could ask for (rental, employment) records, but need to know what in addition to those items I would need to prove that CP should no longer be considered a resident of Tennessee and abusing the system in order to continue original CS/Parenting agreement which favors her temendously...

 

[LdiJ]

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

I just received a notice today that states that I have a right to request a review of the original CS order done some time ago (2005). Original hearing took place in Tennessee as that was CP's "claimed" residence at the time. I have always lived in another state. CP has since moved west and been living there for the past few years (by personal choice, no deployment issues, etc.) and wondering if I should ask for a review and possible abandonment of original CS order since CP has voluntarily moved out of state on her own free will, and to elect to ammended CS/Parental agreement in the state she actually resides.

This may sound like a simple "YES", however there are a couple of issues.

1. CP is believed to still be claiming Tennessee residency, although she has not lived in the state for 3 years now, she has not applied for a new license and keeps her vehicle registered in Tennessee, more than likely using her mother's address.

2. She has been untruthful in the past regarding legal residency (as in original CS hearing).

I could ask for (rental, employment) records, but need to know what in addition to those items I would need to prove that CP should no longer be considered a resident of Tennessee and abusing the system in order to continue original CS/Parenting agreement which favors her temendously...

If there have been any substantial financial changes in your life or the CP's life you can certainly ask for a review.

However, the fact that the CP potentially lives in another state is completely irrelevant for CS purposes...nor would court orders be "abandoned" simply because the CP lives in a different state.

 

[Datman07]

However, the fact that the CP potentially lives in another state is completely irrelevant for CS purposes...nor would court orders be "abandoned" simply because the CP lives in a different state.

I'm not sure if i'm fully believing this statement. How can a state enforce CS/custody laws when neither is a resident? A state can not enforce another state's laws unless a crime was committed, even then, the perpatrator would just be extradited back to the state where the crime was committed.

It seems like whatever state the child is living in should have jurisdiction over CS/custody laws.

FYI...this is NOT an attempt to "get out" of CS, have been paying on time since it was agreed to pay CS. I am actually trying to get MORE time with my child, as I was young at the time of the agreement and let myself get intimidated into giving up time that I should have fought for in the beginning.


Can i get a confirmation of LDJs statement??

 

[Silverplum]

I'm not sure if i'm fully believing this statement. How can a state enforce CS/custody laws when neither is a resident? A state can not enforce another state's laws unless a crime was committed, even then, the perpatrator would just be extradited back to the state where the crime was committed.

Except with child support.

It seems like whatever state the child is living in should have jurisdiction over CS/custody laws.

The parents are ultimately responsible for their own destinies. THEY should alert the pertinent states that moves have occurred.

OR...did you want The State to follow each individual and make sure no one leaves The State?

FYI...this is NOT an attempt to "get out" of CS, have been paying on time since it was agreed to pay CS. I am actually trying to get MORE time with my child, as I was young at the time of the agreement and let myself get intimidated into giving up time that I should have fought for in the beginning.

Can i get a confirmation of LDJs statement??

File to domesticate the order in the new state in which you both live. Request a CS review. Request her last 3 years of tax returns, and provide yours. Request a new parenting plan be implemented, one that reflects your proximity. Attach a sample parenting plan you like. You can find some at SPARC.net.

 

[LdiJ]

Except with child support.


The parents are ultimately responsible for their own destinies. THEY should alert the pertinent states that moves have occurred.

OR...did you want The State to follow each individual and make sure no one leaves The State?


File to domesticate the order in the new state in which you both live. Request a CS review. Request her last 3 years of tax returns, and provide yours. Request a new parenting plan be implemented, one that reflects your proximity. Attach a sample parenting plan you like. You can find some at SPARC.net.

I think that the original post indicates that they are NOT living in the same state.

Perhaps the OP should tell us where he lives and where she lives.

 

[Silverplum]

I think that the original post indicates that they are NOT living in the same state.

Perhaps the OP should tell us where he lives and where she lives.

Oops -- thought I saw that. My mistake. Apologies all around.

 

[Datman07]

I have no problem filing in the state where she resides. I'll spare the details, but I did not recieve the best treatment in the Tennessee court I was in. So would prefer to avoid anything to do with them if possible.

The only problem is finding honest legal counsel from so far away.

 

[LdiJ]

I have no problem filing in the state where she resides. I'll spare the details, but I did not recieve the best treatment in the Tennessee court I was in. So would prefer to avoid anything to do with them if possible.

The only problem is finding honest legal counsel from so far away.

TN still has jurisdiction at this point, despite the fact that you do not live there and you are alledging that mom doesn't live there. So, again, its not quite that simple.