We both have moved out of the state where the order was issues, and now she wants to increase my child support payments by filing for a modification in her new state, which apparently requires non-custodial parents to pay more.
Which state has the jurisdiction to modify the child support order if neither party lives in the state that originally issued the order?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child support laws where I am licensed to practice.
When an order for child support (in your case the divorce decree incorporating the separation agreement between your ex-wife and yourself) is entered, the state in which the order is entered retains continuing exclusive jurisdiction over the order. Meaning, only that state may enforce the order or modify the order.
Once all parties (mother, father, or custodial parent, non-custodial parent, or payee, payor and children) leave the originating state, said state loses exclusive jurisdiction and any state in which mother and children OR father reside, may have jurisdiction to enforce or modify the order.
However, prior to enforcing or modifying such order, the order must be domesticated/registered as an order of that state. To domesticate/register an order, the Division of Child Support Services must file the order with the court requesting registration/domestication and have the defendant personally served with notice of said request/action.
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Typically, in a case such as yours, DCSS will forward the order to the state of father’s residence and request that State to register and modify the order. In that event, the Division of Child Support Services will either file an action to register your order making it an order of that state and a subsequent review and modification action, or DCSS has the option of requesting registration and modification in one action.
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.