Which State Has Jurisdiction To Modify Child Support If Both Parties Have Moved?

georgia divorce lawyerQuestion:

I currently pay child support according to a marital separation agreement with my ex-wife.

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?

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 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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Child Support Modification

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.

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2 comments on “Which State Has Jurisdiction To Modify Child Support If Both Parties Have Moved?

    My husband pays support to the state of ny. Both parties have moved out of that state. We live in Florida with one child, the mother lives in the carolinas with two of the children. Wich one has turned 19 and graduated. We pay child support based on the difference of the three. We are trying to figure out how this will all work. And what steps we need to take, at this point being with one child graduated only haveing one child left for support and we have one child needing support that equals out to stop support. We just dont know how to proceed at this point.

    Both parents moved, which state does she have to turn me in?
    My ex and I both moved, her to SC and myself to FL. The past 2 years, we both lived in NC. Those 2 years, we had split custody, not court order but something we both agreed on. Since our move, she is filing for back support! Will NC enforce or kick it to SC?

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