moving question

[haiku]

What is the name of your state? confusion


Bob and Sally divorce in Idaho. custody, visitation, child support set in Idaho. they have joint legal custody, physical custody with Sally.

Years later Sally moves to Arkansas, a few years after that Bob moves to North Dakota.

Sally decides to go back to court for more support. Bob wants to counter with modifications to visitation.

1.Which states should now have jurisdiction and why?

2. are states obligated to follow the "old" states guidelines? Example-if the new states child supports guidelines are higher or lower, than the "old" state,would the new state use the original states guidelines instead?

 

[Whyte Noise]

I'll take a stab at it.

1.) ND for the CS issue (I think), and Arkansas for the custody issue. Idaho lost continuing, exclusive jurisdiction when all parties and the children moved from the state. UCCJEA stipulates who has jurisdiction in custody matters, and if neither party lives in the originating state, then the child's 'home state' is the proper place with jurisdiction.

I believe that ND would have jurisdiction for the CS issue, as they are the one with personal jurisdiction over Bob, unless Arkansas can apply long-arm statute to exercise jurisdiction over him.

2.) Generally, yes. But if all parties no longer lives in the 'old' state, then the old order is moot, and the modification would follow the guidelines of the state with jurisdiction to hear the CS modification.

I'm not really sureon the CS issue, but I believe I'm right... and as far as the custody mod. goes, I'd bet my bottom dollar on being right on that one.

If I'm wrong, I'm sure someone will let me know. lol

 

[nextwife]

I thought that the "new jurisdiction" state could handle mods and such, BUT in accordance with originating state guidelines. In other words, if CP moves kids later to NY, they cannot then ask for CS until age 21. And vice versa, if they start out in NY with CS until 21, then move to a state that has CS to 18, the NCP cannot request that the new state use new state's guidelines to end CS at 18.