Jurisdiction, Relocation, Domesticating, etc...

[CJane]

What is the name of your state (only U.S. law)? KS/WA/OH

What is the name of your state (only U.S. law)? WA/KS/OH

Yes, the husband is an attorney but he's not THAT KIND of attorney. And I just need some jurisdictional info to confirm (or not) that what I've already said is correct... or not.

Divorce/Decree in Kansas in 2011.
Mom moved to Ohio in 2013.
Dad moved to WA in 2014.
Mom is moving to WA next weekend.

The KS decree states that Mom will begin to pay child support 90 days after graduating from or ceasing to attend college - or upon gaining employment that pays $30k or more per year - whichever comes first. **PER KANSAS GUIDELINES** Mom graduated in May 2014, and has not begun paying support. Dad has been letting it go until she found a job. That happened in June 2015.

Order has not been domesticated to WA.

Dad has filled out all of the paperwork to have WA create and enforce a support order based upon *my assertion that the wording of the KS order does not constitute a child support order, and that KS no longer has jurisdiction over new child support orders since no one lives there anymore.

Mom wants to go back to the same 50/50 arrangement that was agreed to in 2011 when the parents lived minutes away from each other. Dad believes it is currently in the children's best interests to have 1 home, and not switch back and forth frequently. (their previous order was to swap kids every 3 days)

Regarding custody - Mom would need to either file in KS to modify, or file to have the order domesticated here AND THEN file here, right?

If/when the time comes, Dad will most certainly hire a family law attorney. But while Dad can tell you without a doubt whether that crime committed on the 14th green of that golf course falls under the jurisdiction of JBLM (it does), or whether that crime on that railway right of way that runs THROUGH JBLM is his jurisdiction (it's not), he has no knowledge of how this family law thing works, and we're both curious. Hopefully, he never needs to figure out the family law thing, and he'll retire next year into a nice teaching job.

Thanks. Get out the bedwarming flame throwers if necessary.

 

[LdiJ]

What is the name of your state (only U.S. law)? KS/WA/OH

What is the name of your state (only U.S. law)? WA/KS/OH

Yes, the husband is an attorney but he's not THAT KIND of attorney. And I just need some jurisdictional info to confirm (or not) that what I've already said is correct... or not.

Divorce/Decree in Kansas in 2011.
Mom moved to Ohio in 2013.
Dad moved to WA in 2014.
Mom is moving to WA next weekend.

The KS decree states that Mom will begin to pay child support 90 days after graduating from or ceasing to attend college - or upon gaining employment that pays $30k or more per year - whichever comes first. **PER KANSAS GUIDELINES** Mom graduated in May 2014, and has not begun paying support. Dad has been letting it go until she found a job. That happened in June 2015.

Is she quitting that job to move to WA?

Order has not been domesticated to WA.

Dad has filled out all of the paperwork to have WA create and enforce a support order based upon *my assertion that the wording of the KS order does not constitute a child support order, and that KS no longer has jurisdiction over new child support orders since no one lives there anymore.

Mom wants to go back to the same 50/50 arrangement that was agreed to in 2011 when the parents lived minutes away from each other. Dad believes it is currently in the children's best interests to have 1 home, and not switch back and forth frequently. (their previous order was to swap kids every 3 days)

Regarding custody - Mom would need to either file in KS to modify, or file to have the order domesticated here AND THEN file here, right?

Would your husband fight it if she just filed in WA? After all, its going to end up there anyway.

If/when the time comes, Dad will most certainly hire a family law attorney. But while Dad can tell you without a doubt whether that crime committed on the 14th green of that golf course falls under the jurisdiction of JBLM (it does), or whether that crime on that railway right of way that runs THROUGH JBLM is his jurisdiction (it's not), he has no knowledge of how this family law thing works, and we're both curious. Hopefully, he never needs to figure out the family law thing, and he'll retire next year into a nice teaching job.

Thanks. Get out the bedwarming flame throwers if necessary.

How old are his children now?

 

[stealth2]

Dad should also begin pulling together any/all documentation he has of the actual schedule followed when the 50/50 was in force and "practical". I.e. Mom's consistency or lack of it.

Otherwise, except for discussions regarding the kids/school/activities/schedules, he should maintain "radio silence" as much as possible.

I believe you are correct on the jurisdictional issues.

 

[CJane]

Is she quitting that job to move to WA?

Yes, but she's supposedly starting a job here on the 16th. No idea what she made in Ohio, or what she'll be making here. Dad assumed $15/hour @ the Ohio job, and that's how paperwork was completed.

Would your husband fight it if she just filed in WA? After all, its going to end up there anyway.

No, I don't think so.

How old are his children now?

15, 12, 9 (10 in a month), and 7 (8 in a month).

So, the household is 18, 15, 15, 12, 9, 9, & 7.

 

[CJane]

Otherwise, except for discussions regarding the kids/school/activities/schedules, he should maintain "radio silence" as much as possible.

THIS is what I encourage as much as possible. But, they never listen. LOL

 

[LdiJ]

Yes, but she's supposedly starting a job here on the 16th. No idea what she made in Ohio, or what she'll be making here. Dad assumed $15/hour @ the Ohio job, and that's how paperwork was completed.




No, I don't think so.





15, 12, 9 (10 in a month), and 7 (8 in a month).

So, the household is 18, 15, 15, 12, 9, 9, & 7.

Dad certainly has status quo on his side. I would not be inclined to agree to the big upheaval that 50/50 would mean to the children's lives.

 

[stealth2]

THIS is what I encourage as much as possible. But, they never listen. LOL

LOL And "they" say women can't shut up!