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My ex-wife and daugther were living in Michigan when child support was ordered. Now they have moved to Kentucky. Am I allowed to have the support order changed from Michigan to Kentucky? If so then will the child support be recalculated at that time?
What state are you curently in ?Quote:
Originally Posted by qmquarles
Yes and yes, if you live outside of Michigan.Quote:
Originally Posted by qmquarles
I'm in the military and currently stationed in Georgia.
There's an argument that your state of residence listed with the military (or on your LES) is determinative of where you live for purposes of determining child support jurisdiction. So, in other words, if you are a resident of Michigan and it's a Michigan child support order that you wish to modify an argument can be made that you have to modify it in Michigan because Michigan would have continuing exclusive jurisdiction, even if the mom and child have moved to VA, and you are on military assignment in GA. If your residence is elsewhere, then you can modify the order in VA without question.Quote:
Originally Posted by qmquarles
Generally not. Child support is usually based on the payer's state of residence and that would be you. So unless you moved to a different state, no modification of the support order would be appropriate.
Child support jurisdiction (the court's power to make an initial child support order or modify an existing one) is governed exclusively by a uniform law, that all states have enacted and have had for over 10 years, known as the Uniform Interstate Family Support Act (UISFA).Quote:
Originally Posted by s_cianci
Here's a fairly simple example of how it works when it comes to modifications (the rules on setting initial orders are different):
Say mom and dad and the kid all live in Michigan and Michigan issues a child support order. Mom and the kid move away to Virginia but dad stays behind. Michigan has continuing exclusive jurisdiction (what those of us in the buiness call 'CEJ"), which means only Michigan can modify its own order-- the mom cannot modify it in Virginia, nor can the dad (the parties can, however, agree that Virginia have jurisdiction to modify it if they want to, but that would require either a written agreement filed in court or a stipulation in court placed on the record to that effect-- and this is rarely done).
Same hypo as above, but in this case after mom and the kid move to Virginia, the dad moves to Georgia (let's say he's non-military). Now in this situation, the dad CAN modify the order (and in fact has to) in Virginia. The mom cannot modify it, however, in Viriginia but has to go to Georgia to do so. This again is subject to that same rule that says the parties can agree otherwise if they wish (which is, as I said, rare to see).
With military personnel who pay child support the rule is different (this is based upon a California case and may not be univerally the rule in all 50 states): since a military assignment is viewed as temporary, if dad is in Georgia on military assignment only, then a court in Michigan or elsewhere may view his residence as still techincally being Michigan, which triggers the CEJ rule I mentioned before, making Michigan the only state that can modify the order.
Can a child custody be modified if one party lived in virginia at the time of the custody agreement was signed by the judge and the other party was living in Texas? But the party living in virginia no longer lives there and is now stationed in California and the other party still resides in Texas and moved to Texas by the military when the order for cusotdy was entered. Can the second party(the Mother) that lives in Texas file to modify the court order in Texas? The child lived with the mother who was moved to Texas from pregnancy to 8months and then the (father) filed to get custody of the child while the mother was intransit to Texas? Can the mother modify the custody order in Texas? Because neither parent lives in virginia
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