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Modify SC child support but CP lives in GA. Can she get out of the hearing?

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jma28104

Junior Member
#1
What is the name of your state (only U.S. law)? South Carolina

**I asked this in a previous thread but wanted to put the part about child support in the correct forum:

I have a 2013 SC divorce order. I want to request a hearing for a modification of child support but my ex lives in GA with our children and has since March 2017. Nothing from the order has been transferred to GA. My question is if I file a request for hearing for modification of child support in SC, could her lawyer respond with refusal for her to attend the hearing because she lives in GA? If so, what grounds would she have to not attend the hearing in SC? I cannot travel all the way to GA to do this and I just want to make sure I don't waste the filing fee if legally she has a way of getting out of the hearing.
 

LdiJ

Senior Member
#5
I swear that there were more responses to this thread, including one from me.

If mom has an attorney, and mom's attorney is on the ball at all, this case will get jurisdiction changed from SC to GA since nobody lives in SC anymore and mom and the child live in GA. SC certainly wouldn't have an interest in retaining the case as none of them are SC residents.

Frankly, I don't see the point of filing in SC in that circumstance. If dad has more money than he knows what to do with sure...there is a slight chance that SC might retain the case, particularly if mom does not have an attorney. However, its still going to be case heard long distance, it just will inconvenience both of them instead of just one of them. If dad's got plenty of money to throw at legal fees he can do that.

Or, he can file to have the case transferred to GA, which mom likely won't oppose, and not waste the time or money on legally duking it out in SC as to whether or not SC should retain jurisdiction.

An additional upside to the case, is that for every hearing dad has to attend in GA, his attorney can ask the court to order that he get visitation during that time period that he is in GA...and I bet that the judge will gladly order it. He cannot do the same thing if the case is heard in SC, as its unlikely that the child(ren) will be there.

Its not just about what someone CAN do, its also about what is permissible but practical, to do.
 
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latigo

Senior Member
#6
What is the name of your state (only U.S. law)? South Carolina

**I asked this in a previous thread but wanted to put the part about child support in the correct forum:

I have a 2013 SC divorce order. I want to request a hearing for a modification of child support but my ex lives in GA with our children and has since March 2017. Nothing from the order has been transferred to GA. My question is if I file a request for hearing for modification of child support in SC, could her lawyer respond with refusal for her to attend the hearing because she lives in GA? If so, what grounds would she have to not attend the hearing in SC? I cannot travel all the way to GA to do this and I just want to make sure I don't waste the filing fee if legally she has a way of getting out of the hearing.
This is not an issue as to whether or not the mother has the legal grounds to avoid attending court in South Carolina and thus spoil your efforts to secure a modification of the South Carolina support order.

The issue is whether or not South Carolina has jurisdiction to modify its support order.

And the answer is yes - South Carolina does have jurisdiction to modify the existing support order. In fact given the circumstances presented South Carolina has exclusive jurisdiction to modify the support order. [*]

So, if the mother is properly and timely served with the motion for modification (meaning that due process of law is adhered to) then she must either appear and contest the motion or risk having it modified in her absence.

____________________________


[*] Why? Because of South Carolina's Uniform Interstate Family Support Act (UIFSA) which you will find in the South Carolina Code at Title 63 South Carolina Children's Code Article 23.

The relevant provisions of which provide that since the South Carolina support order is the only ongoing support order making it the "controlling order" then if either the obligor or the obligee or "a child for whose benefit the support order is issued" reside in South Carolina, then South Carolina has continuing and EXCLUSIVE jurisdiction to modify its support order. ( See: Section 63-17-3050 (1) South Carolina Code)
 

not2cleverRed

Obvious Observer
#7
I swear that there were more responses to this thread, including one from me.

If mom has an attorney, and mom's attorney is on the ball at all, this case will get jurisdiction changed from SC to GA since nobody lives in SC anymore and mom and the child live in GA. SC certainly wouldn't have an interest in retaining the case as none of them are SC residents.

Frankly, I don't see the point of filing in SC in that circumstance. If dad has more money than he knows what to do with sure...there is a slight chance that SC might retain the case, particularly if mom does not have an attorney. However, its still going to be case heard long distance, it just will inconvenience both of them instead of just one of them. If dad's got plenty of money to throw at legal fees he can do that.

Or, he can file to have the case transferred to GA, which mom likely won't oppose, and not waste the time or money on legally duking it out in SC as to whether or not SC should retain jurisdiction.

An additional upside to the case, is that for every hearing dad has to attend in GA, his attorney can ask the court to order that he get visitation during that time period that he is in GA...and I bet that the judge will gladly order it. He cannot do the same thing if the case is heard in SC, as its unlikely that the child(ren) will be there.

Its not just about what someone CAN do, its also about what is permissible but practical, to do.
It's not your imagination. I remember there being more.

However, Dad currently has "very limited visitation", and since he has refused to answer questions about why this is the case, we cannot be sure if the reason for this is distance or something else.

Furthermore, since Dad wants to modify cs, we can probably assume that Dad wants that modification to be downward. It might be useful for Dad to state why cs should be modified.
 
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LdiJ

Senior Member
#8
This is not an issue as to whether or not the mother has the legal grounds to avoid attending court in South Carolina and thus spoil your efforts to secure a modification of the South Carolina support order.

The issue is whether or not South Carolina has jurisdiction to modify its support order.

And the answer is yes - South Carolina does have jurisdiction to modify the existing support order. In fact given the circumstances presented South Carolina has exclusive jurisdiction to modify the support order. [*]

So, if the mother is properly and timely served with the motion for modification (meaning that due process of law is adhered to) then she must either appear and contest the motion or risk having it modified in her absence.

____________________________


[*] Why? Because of South Carolina's Uniform Interstate Family Support Act (UIFSA) which you will find in the South Carolina Code at Title 63 South Carolina Children's Code Article 23.

The relevant provisions of which provide that since the South Carolina support order is the only ongoing support order making it the "controlling order" then if either the obligor or the obligee or "a child for whose benefit the support order is issued" reside in South Carolina, then South Carolina has continuing and EXCLUSIVE jurisdiction to modify its support order. ( See: Section 63-17-3050 (1) South Carolina Code)
Ask any family law attorney friend that you have whether or not its possible to change jurisdiction when none of the parties currently live in the state that made the original orders...and which state would have jurisdiction after that. The state of the custodial parent or the state of the non-custodial parent.
 

stealth2

Under the Radar Member
#9
Did OP state in a missing response that he doesn't live in SC? Because the impression based on available responses is that he lives in SC. (and I don't feel like searching p/x at this hour.)

ETA: Okay, just saw his thread in C&V. OP - you would be best suited in filing in GA. And this is why we ask posters to keep their questions together. Your ex's atty could easily file to have the case moved to GA based on SC's lack of jurisdiction and the kids'home state now being GA.
 
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#10
Until someone files to move the case to GA, SC still has jurisdiction. Jurisdiction does NOT automatically change. Someone would have to petition for jurisdiction to change.
 

latigo

Senior Member
#11
What is the name of your state (only U.S. law)? South Carolina

**I asked this in a previous thread but wanted to put the part about child support in the correct forum:

I have a 2013 SC divorce order. I want to request a hearing for a modification of child support but my ex lives in GA with our children and has since March 2017. Nothing from the order has been transferred to GA. My question is if I file a request for hearing for modification of child support in SC, could her lawyer respond with refusal for her to attend the hearing because she lives in GA? If so, what grounds would she have to not attend the hearing in SC? I cannot travel all the way to GA to do this and I just want to make sure I don't waste the filing fee if legally she has a way of getting out of the hearing.
I don't know if you are still about or not, but for what it is worth let me try to explain the somewhat confusing subject of jurisdiction. It is two fold. One has to do with the court being vested with the authority to deal with the subject matter of the proceedings. The second has to do with the courts ability to bind the parties to its orders emerging from the proceedings. The first is known as "subject matter" jurisdiction. The second is "personal or in personam" jurisdiction.

Why should this be significant to you? I'll tell you why.

If it wasn't because of the Uniform Interstate Family Support Act (UIFSA) and you could not obtain personal service of your motion and affidavit, etc., upon the mother within the borders of South Carolina and she declined to consent to it, South Carolina would thus lack jurisdiction over her person and be unable to bind her to any modification of the South Carolina child support order.

Fortunately for you the drafters of the uniform act alleviated the problem by adding a specific provision which provides that if South Carolina had personal jurisdiction over the mother at the time the order was issued; that is - in the first instance - tat court retains personal jurisdiction over the mother/respondent as long as it continues to have exclusive jurisdiction to modify its support order it. [*]

Which means that you do not have to serve the mother/respondent within South Carolina in order to vest the South Carolina court with jurisdiction over her person. She can be served anywhere.
____________________________________


[*]Section 63-17-3020. Continuing, exclusive jurisdiction "Personal jurisdiction acquired by a tribunal of this State in a proceeding under this article or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 63-17-3050, 63-17-3060, and 63-17-3110."
 
#12
Did OP state in a missing response that he doesn't live in SC? Because the impression based on available responses is that he lives in SC. (and I don't feel like searching p/x at this hour.)

ETA: Okay, just saw his thread in C&V. OP - you would be best suited in filing in GA. And this is why we ask posters to keep their questions together. Your ex's atty could easily file to have the case moved to GA based on SC's lack of jurisdiction and the kids'home state now being GA.
You are incorrect. Until the case is transferred to GA, SC still has jurisdiction. I spent several posts correcting LD's stupidity for someone to report them because apparently pointing out all the ways LD is trying to screw up someone's life is not proper. Even though I posted ACTUAL FACT.
 
#13
I don't know if you are still about or not, but for what it is worth let me try to explain the somewhat confusing subject of jurisdiction. It is two fold. One has to do with the court being vested with the authority to deal with the subject matter of the proceedings. The second has to do with the courts ability to bind the parties to its orders emerging from the proceedings. The first is known as "subject matter" jurisdiction. The second is "personal or in personam" jurisdiction.

Why should this be significant to you? I'll tell you why.

If it wasn't because of the Uniform Interstate Family Support Act (UIFSA) and you could not obtain personal service of your motion and affidavit, etc., upon the mother within the borders of South Carolina and she declined to consent to it, South Carolina would thus lack jurisdiction over her person and be unable to bind her to any modification of the South Carolina child support order.

Fortunately for you the drafters of the uniform act alleviated the problem by adding a specific provision which provides that if South Carolina had personal jurisdiction over the mother at the time the order was issued; that is - in the first instance - tat court retains personal jurisdiction over the mother/respondent as long as it continues to have exclusive jurisdiction to modify its support order it. [*]

Which means that you do not have to serve the mother/respondent within South Carolina in order to vest the South Carolina court with jurisdiction over her person. She can be served anywhere.
____________________________________


[*]Section 63-17-3020. Continuing, exclusive jurisdiction "Personal jurisdiction acquired by a tribunal of this State in a proceeding under this article or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 63-17-3050, 63-17-3060, and 63-17-3110."
This. And I basically posted similarly but apparently the resident moron had a snit fit for me reporting her so she reported the posts in which I pointed out all the ways in which she was wrong.
 

latigo

Senior Member
#14
Until someone files to move the case to GA, SC still has jurisdiction. Jurisdiction does NOT automatically change. Someone would have to petition for jurisdiction to change. (?)
What is there about the English word EXCLUSIVE - as it appears in the UIFSA as adopted by South Carolina at Section 63-17-3050(1) of South Carolina Code - that escapes your understanding?
 
#15
What is there about the English word EXCLUSIVE - as it appears in the UIFSA as adopted by South Carolina at Section 63-17-3050(1) of South Carolina Code - that escapes your understanding?
Apparently there are two threads about this subject because I was reporting someone for posting COMPLETELY wrong. I agree with you.
 
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