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Child Support Modification.....

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M

Mansey

Guest
What is the name of your state? Arizona.... My questions are as follows: 1. I have an original child support order that was issued in California, do I have to go back to California to modify the child support or can it be done in Arizona. 2. If my sons father does not comply with the court order regarding the visitation (father lives in SC) can I have the visitation modified to decrease his time, since he does not follow through with the original schedule. 3. If my sons fathers wants to make any modifications to the court order can he file in SC or does he have to file in the state where the childs reside (AZ) or the state where the order originated (CA) :confused:
 
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Grace_Adler

Senior Member
1. You have to go back through CA.
2. I think you can, but I'm not sure.
3. He must also go through CA.

You have to do all filing through wherever the order is coming from. However, if you are the one recieving support and been living in AZ for a while I believe you can ask for your case to be transferred to the state you live in but I'm not sure of the procedure for this.
 

wonderif2

Member
Here is infor regarding AZ handling the modification of C/S. If I read it correctly. You need to register the order from CA to AZ.


25-653. Registration and modification of a child support order; procedure

A. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in this article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading shall specify the grounds for modification.

B. A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of subsection C of this section have been met.

C. Except as provided in section 25-661, after a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if, after notice and a hearing, it finds that any of the following are true:

1. The following requirements are met:

(a) The child, the individual obligee and the obligor do not reside in the issuing state.

(b) A petitioner who is a nonresident of this state seeks modification.

(c) The respondent is subject to the personal jurisdiction of the tribunal of this state.

2. The child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this article, the consent otherwise required of an individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

D. Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.

E. A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that is controlling and shall be recognized under section 25-628 establishes the aspects of the support order that are nonmodifiable.

F. On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

G. Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows that earlier order has been registered. A party that obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal of continuing, exclusive jurisdiction.
 
M

Mansey

Guest
Thanks for the information, very helpful. Can I file this myself or would it be best to obtain an atty?
 

Grace_Adler

Senior Member
You can file yourself but if you do I'd do some research first.

Personally if one can afford an attorney, I'd always recommend going that route.
 
M

Mansey

Guest
When I went to court the last time in CA (Jan, 2002), requesting a move away order, the Judge stated that CA would no longer have jurisdication over my case, because I was becoming a resident of AZ. He further stated that I would have to use the AZ courts for any new issues. My biggest concern is if the BF decides to take me back to court, for whatever reason, where does he file his issues. And does that mean he would have to physically come to the West to do it, or can it be done through the court where he resides, or is it done through the mail.
 

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