Child Support Jurisdiction: Which State Controls If Parties Have Moved

Albany divorce lawyer Asa NeffQuestion:

After our divorce and child support was ordered to me, my ex-wife and child moved to another state and I also moved to a different state so the original jurisdiction no longer applies.

I recently received child support enforcement and modification paperwork from the state I now live.

So which state has jurisdiction to enforce and modify the child support order: the state my ex-wife and child live in or the new state where I reside?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

When a child support order is entered in one state, but the child and the parents no longer live in that state then the child support order remains effective and can be registered in any jurisdiction where any party lives. In your case, the previous child support order can be registered in your new state as you now live in that state.

Registration of an out of state order allows one of the parties to enforce the support order, but it does not necessarily allow for a change or modification of the order.

It sounds as though you have received documentation regarding modification and not just enforcement of the original support order.

Because of what is referred to as the “play away rule,” it would be appropriate for your child’s mother to seek modification in the state you are living in. If she had not done so, and you wanted to seek a modification, you would have had to do so in her state where the child resides.

If there has already been a modification, than yes, the support collection unit in your state would be transferring the support to the collection unit in the state where your ex-wife and child live. Even without a modification, but simply a registration, the support collections unit would simply be collecting and then transferring to the collections unit in the child’s state.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.

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