Modification/Domesticated/Who knows?

[Newlydivmomto4]

What is the name of your state (only U.S. law)? Kentucky/California/Missouri

Brief history, order was made in California, ncp moved out of California after a few years ended up in Missouri. Cp left California and resides in Kentucky.

Ncp just had a lawyer send me a letter that more or less says that ncp is making 700 dollars less a month and based on Missouri calculations he should now only be paying XXXXX amount (800 dollars less than original order). Goes on to say that if I have any other information to contact him if not then ncp will bee paying the amount noted on the enclosed form. And that if I disagree with or otherwise wish to involve a court regarding support that I can register the California order in Missouri for enforcement or modification.

From my understanding ncp cannot just change a court order by a lawyer's letter. Also, from what I have read on here, Missouri would not have jurisdiction as the children have never lived in Missouri.

Personally I think the ncp would be nuts to try to change jurisdiction to Missouri because from what I've read if the child continues their education in college, support goes until 21.

I know I can go to the local courts here and get the order domesticated. Will the support amount automatically be changed? Kentucky's child support is lower than California.

Thanks in advance for your help!

 

[stealth2]

Actually, MO MAY be proper as KY has no jurisdiction over NCP. I would suggest speaking with a family law attorney in KY.

 

[single317dad]

OP, you're right in your belief that the lawyer's letter itself does not modify the order. To answer another of your questions, the order does not "automatically modify" if you domesticate. The order must be modified. I don't know that domesticating the order to KY will accomplish anything in your favor, but if you plan to live permanently in KY it might not be a bad idea. Your local court would then have the power to enforce the order, and it might save you a trip to CA for court in the future.

It sounds like Dad is getting his ducks in a row here and will likely take this matter to court. At that time, support may well be modified to reflect the current circumstance. This modification may be downward, or could actually be upward depending on all the nuances of the situation.

 

[Newlydivmomto4]

So Missouri has jurisdiction over enforcement?

I can file to domesticate it to Kentucky, but can he file to domesticate it to Missouri?