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-   -   Change of Jurisdiction (https://www.askmehelpdesk.com/showthread.php?t=447810)

  • Feb 16, 2010, 11:23 AM
    Truthinator
    Change of Jurisdiction
    My ex and I have our original divorce decree and child support order in Tennessee. We both no longer reside in the state of Tennessee (I have ties to the state; I work in the state and live just over the state line in Mississippi, and the ex has lived in Alabama for the past 4 years). Cutody of the child has changed hands on two occasions and support amounts have been modified in the past 3 years. We kept our jurisdiction in Tennessee. The child reaches the age of majority and my child support order will be successfully fulfilled in June (the child's 18th birthday). Because my ex voluntarilly moved to Alabama (without the courts approval, if it was even needed) 4 years ago, she now wants to change the jurisdiction to Alabama because the age of majority is 19. Does she have the legal grounds to do this, and, if so, do I have to agree to a change of jurisdiction before it can be granted?
  • Feb 16, 2010, 11:34 AM
    this8384
    Quote:

    Originally Posted by Truthinator View Post
    My ex and I have our original divorce decree and child support order in Tennessee. We both no longer reside in the state of Tennessee (I have ties to the state; I work in the state and live just over the state line in Mississippi, and the ex has lived in Alabama for the past 4 years). Cutody of the child has changed hands on two occassions and support amounts have been modified in the past 3 years. We kept our jurisdiction in Tennessee. The child reaches the age of majority and my child support order will be successfully fulfilled in June (the child's 18th birthday). Because my ex voluntarilly moved to Alabama (without the courts approval, if it was even needed) 4 years ago, she now wants to change the jurisdiction to Alabama because the age of majority is 19. Does she have the legal grounds to do this, and, if so, do I have to agree to a change of jurisdiction before it can be granted?

    The courts will decide if it is in the best interests of all parties to move the case, whether you agree with their decision or not.

    If your original agreement stated that you are to stop paying support on your child's 18th birthday, she'd have to file to have it modified. If she plans on doing this just to get an extra year of support from you, she'd better move quickly. She's only got four months to transfer the case and then get the new judge to give her the extra year. I'm surprised that she didn't do this four years ago when she moved.
  • Feb 16, 2010, 02:02 PM
    cdad

    She can't do it. It can't be extended like that. Even if she moved to a state that said 21. The reason being is because there are federal laws preventing state shopping for that exact reason.
  • Feb 16, 2010, 03:53 PM
    Truthinator
    I must reinterate that neither of us reside in the originating state (TN), though I live just over the state line (in MS) and have significant ties to the state (TN); I work and do business in the originating state and we both left the jurisdiction in TN on the occasions that we amended the child support agreement. Does anyone know specifically where I might find an answer in the UIFSA? I just want to be certain when I answer to her many threats to move jurisdiction to "make me pay" until he is 19.
  • Feb 16, 2010, 04:05 PM
    cdad

    I understand. But the fact is that its so close to ending that unless there were reasons to extend it then it should be dropped.
  • Feb 16, 2010, 04:33 PM
    Truthinator
    Morally, ethically and taking into account common sense tells me it should be dropped, but I guess I am asking for legal proof in order to cover all my bases. Is there something written in the UIFSA that supports your answer?
  • Feb 16, 2010, 04:56 PM
    cdad

    Check facts for exhibit 3.1

    Long Arm Jurisdiction.
  • Feb 16, 2010, 06:18 PM
    Fr_Chuck

    OF course she can try, and file in that state, and you will have to defend yourself to have the case dismissed.

    She did ( and does) have the right to file new motions in the state she now lives, but it is still making changes to the original custody order,

    I guess your choice is it worth your time and money to fight it ?

    She should not be able to get it extended, but you will have to fight it

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