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    meanmom1064's Avatar
    meanmom1064 Posts: 2, Reputation: 1
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    #1

    Jan 21, 2010, 10:25 AM
    Changing child support to another state
    At time of divorce my husband and I both lived in Kentucky and child support goes through Kentucky court. I moved to Indiana 6 months after divorce and now my ex husband has moved to Indiana. We both also live in the same county. He wants to readjust child support due to loss of income. Can I have child support transferred from state of Kentucky to Indiana and recalculated? If yes, where do I start and can I do it without hiring an attorney?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 21, 2010, 01:10 PM
    Quote Originally Posted by meanmom1064 View Post
    At time of divorce my husband and I both lived in Kentucky and child support goes through Kentucky court. I moved to Indiana 6 months after divorce and now my ex husband has moved to Indiana. We both also live in the same county. He wants to readjust child support due to loss of income. Can I have child support transferred from state of Kentucky to Indiana and recalculated? If yes, where do I start and can I do it without hiring an attorney?
    I don't see why you wouldn't be able to do so. Actually, I'm not surprised that the courts didn't automatically order it. Did you not notify them that both parties moved out of state?
    meanmom1064's Avatar
    meanmom1064 Posts: 2, Reputation: 1
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    #3

    Jan 21, 2010, 01:22 PM

    I notified court of my move, but my ex did not. I think my ex will contest changing it to Indiana, because child support will actually stay about the same as he is paying now and not go down. What is the process of changing to another state?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Jan 21, 2010, 01:43 PM
    Quote Originally Posted by meanmom1064 View Post
    I notified court of my move, but my ex did not. I think my ex will contest changing it to Indiana, because child support will actually stay about the same as he is paying now and not go down. What is the process of changing to another state?
    That doesn't make any sense. Usually the case stays with the kids; if you moved, the case should have been transferred.

    I would contact both your local courthouse and the previous one to ask them the best way to go about getting it transferred. You may have to refile in the new state.

    And your ex can contest all he wants; if you're both living in IN, then the case needs to be there, not elsewhere.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Jan 21, 2010, 04:54 PM
    Quote Originally Posted by this8384 View Post
    That doesn't make any sense. Usually the case stays with the kids; if you moved, the case should have been transferred.

    I would contact both your local courthouse and the previous one to ask them the best way to go about getting it transferred. You may have to refile in the new state.

    And your ex can contest all he wants; if you're both living in IN, then the case needs to be there, not elsewhere.
    No it is not the case that child support follows the child. In this case it can only because both parties moved. But if the dad had still lived in Ky then it would have stayed there.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 21, 2010, 06:31 PM

    If dad still lived in KY, or if they think he does, that court remains in effect.

    If you are both in IN now, you can file for any new motions to be heard in your new state once you have established recidency in that state, since he is no longer in KY.

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