Newlydivmomto4
Member
What is the name of your state (only U.S. law)? California(order originated)/Kentucky(mom the cp and kids live)/Missouri(dad the ncp lives)
Quick history. Order is out of California, both ncp and cp moved out of California years ago. Kentucky has domesticated order to the state, asked Missouri to enforce it and Missouri has registered the order in their state. 4 children involved, 1 emancipated last year(I requested the emancipation), 2nd emancipates this month(Kentucky has processed this). Last year dad requested a modification through Kentucky and Kentucky only modified it by removing the emancipated child.
Dad's attorney has filed in Missouri "Motion to modify". Forgive me, I have not been served, I am only going off of the court dockets that are accessible online. It does notate that they are preparing a summons to be served on Petitioner (me). As of yet there is not a hearing scheduled.
My questions:
From what I have read, in order to request a modification, dad needs to request it from Kentucky. Dad cannot request his own state to modify, which would be the same vice versa. I was thinking about going pro se with Missouri and ask that the case be dismissed because Missouri does not have jurisdiction. In addition to that, dad has not paid child support in 5 months, add that to his arrears balance and he owes over 30k. Can I file a counter motion to ask the Missouri courts to enforce the order that they have registered? Dad has the income to pay, he just does not. The courts ability to garnish his income is extremely limited because it is va disability income and retirement.
Quick history. Order is out of California, both ncp and cp moved out of California years ago. Kentucky has domesticated order to the state, asked Missouri to enforce it and Missouri has registered the order in their state. 4 children involved, 1 emancipated last year(I requested the emancipation), 2nd emancipates this month(Kentucky has processed this). Last year dad requested a modification through Kentucky and Kentucky only modified it by removing the emancipated child.
Dad's attorney has filed in Missouri "Motion to modify". Forgive me, I have not been served, I am only going off of the court dockets that are accessible online. It does notate that they are preparing a summons to be served on Petitioner (me). As of yet there is not a hearing scheduled.
My questions:
From what I have read, in order to request a modification, dad needs to request it from Kentucky. Dad cannot request his own state to modify, which would be the same vice versa. I was thinking about going pro se with Missouri and ask that the case be dismissed because Missouri does not have jurisdiction. In addition to that, dad has not paid child support in 5 months, add that to his arrears balance and he owes over 30k. Can I file a counter motion to ask the Missouri courts to enforce the order that they have registered? Dad has the income to pay, he just does not. The courts ability to garnish his income is extremely limited because it is va disability income and retirement.