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Child Support Modification in 3 different states

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neverenough

Junior Member
My kids and I live in Georgia. My ex lives in Nevada. The original divorce and child support decree were issued in Missouri. I am using the Child Support Enforcement Service to request a modification.

I have 2 questions:
1. Which states' law will govern the child support order now? The reason for the question is that in Georgia, support ends at 18 regardless of continued education. In Missouri it continues to 22 if the child is in college and meets all the other criteria set forth in the regulations.

2. My divorce decree says that the NCP will be responsible for 1/2 of the college expenses, but will that still be enforceable?

I am assuming that the case will be switched to Georgia and therefore Georgia laws will apply. However, want to confirm that.

Thank you for the info. I have been searching the web sites of both states and have not found an answer to these questions.
 


Whyte Noise

Senior Member
I know. Sorry.

See, there is this thing called the UIFSA. Once a child support order is made in a state, then emancipation always stays with the issuing state, no matter how many states either parent moves to. Missouri emancipation laws will always be the ones to go by. Now, GA can modify the AMOUNT of child support based on their guidelines, just like NV could because the amount of CS is always modifiable when there are changes in circumstances. However an emancipation age is NEVER a modifiable aspect of a child support order, therefore no state can modify that part at all and the state that issued the original order is the state who's emancipation laws stick.

Missouri says CS stops at age 18 unless the child is enrolled at a post secondary school by October of that year, then CS continues until the child graduates or turns 22, whichever occurs first... and as long as the child takes the required number of credit hours, mantians acceptable grades, sends the paying parent proof of this, etc. So, no matter if GA or NV modify the AMOUNT of child support, they can not modify when it should end as Missouri will always hold that part since it's a non-modifiable part of an order.

Just remember though, that Missouri also provides for the child support to go directly to the child in college and stop going to the custodial parent if the child or the person paying requests it from the court. Dunno if that would be a modifiable aspect of the statute, but it's in there.
 

neverenough

Junior Member
Thanks again.

I wasn't being sarcastic about your first answer. I really did appreciate it. But the longer explanation certainly helps even more. Thanks for taking the time to add the detail. I understand now.

Thanks again
 

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