Ask Experts Questions for FREE Help !
Ask
    Truthinator's Avatar
    Truthinator Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 16, 2010, 11:23 AM
    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?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
    		  
    #2

    Feb 16, 2010, 11:34 AM
    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.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #3

    Feb 16, 2010, 02:02 PM

    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.
    Truthinator's Avatar
    Truthinator Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Feb 16, 2010, 03:53 PM
    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.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #5

    Feb 16, 2010, 04:05 PM

    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.
    Truthinator's Avatar
    Truthinator Posts: 3, Reputation: 1
    New Member
    		  
    #6

    Feb 16, 2010, 04:33 PM
    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?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #7

    Feb 16, 2010, 04:56 PM

    Check facts for exhibit 3.1

    Long Arm Jurisdiction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #8

    Feb 16, 2010, 06:18 PM

    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
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Jurisdiction change [ 8 Answers ]

I just stumbled across this site. I am in desperate need of legal advice. My daughter was born in CA and I lived there with her and my ex till she was 2 1/2. We divorced and he agreed that I could move back home to NJ with her. We have legal paperwork and already went to court once in CA for...

Change ca jurisdiction [ 1 Answers ]

I live in Oregon and have a custody case in CA. I know I have heard a million times how Ca will never let go of the case because the father still lives there, I don't have time to get into details... I would really like someone to just tell me how to file the papers to request a change in...

Change of jurisdiction [ 14 Answers ]

My husbands X Wife wants to move from NY to CT with their 8 year old son. She is the custodial parent. Current child visitation is court ordered through the family court of Orange County, NY. She has already made one unilateral move to Brooklyn a little over a year ago. That move happened...

How do I change jurisdiction from MO to my [ 2 Answers ]

Ok.. Ive been reading a lot of the Q&A's about this & it seems that the original state the order was drawn up in will have jurisdiction.. unless the father doesn't live there or agrees to change the order's jurisdiction. My son & I live in MI & the order is in MO. We have been here for 8 yrs. My...

Jurisdiction change [ 16 Answers ]

Hello, I have custody of my son and we have been living in Alabama for 8 years. My divorce decree occurred in TN. I need to change jurisdiction because my husband has broken our agreement regarding his visitation with my son. I do not have a lawyer in AL but I do know I need to get...

View more questions Search