[kimbermckay]

I have a question reference Child support jurisdiction (the court's power to make an initial child support order or modify an existing one) known as the Uniform Interstate Family Support Act. My question: Mom and 2 kids live in Minnesota and Minnesota issues a child support order. Dad moves to Georgia. Minnesota presently has continuing exclusive jurisdiction. Mom will issue a Child Support and Spousal Support increase modification order in Minnesota in January, 2014. How can I ask for a “change of jurisdiction to the state of Gerogia” so that Mom has to go to Georgia to request a modification? The attorneys hotline here in Georgia said that when I receive the “notice of Modification for CS & SS from Mom in January, 2014 that I will have to hire an attorney in Minnesota (which I cannot afford) requesting a “change of jurisdiction to the state of Gerogia” for any modifications on Child Support and Spousal Support only as Georgia should decide on CS & SS issues as this is my state of residence.

[AK lawyer]

You can't. If you read the uniform act, I believe you will find that Minnesota doesn't loose jurisdiction under these circumstances.

Although it is always best to hire an attorney, you don't have to. You can represent yourself and probably by mail and telephone.

[ScottGem]

Agreed, under the act, the state that initially issued the order retains jurisdiction as long as one of the parties remains within its jurisdiction. So if the Mom moved out of MN but you remained there, MN would still retain jurisdiction. Its only when both parties leave the jurisdiction that it can be moved and then its usually where the child resides that gets jurisdiction. So you have just about no chance to get it moved to GA unless the child moves there.

But, as AK said, you do not need to hire an attorney in MN. You can hire an attorney in GA who has an affiliate in MN or you can try doing this sans attorney and request that you can attend any hearings by telephone.

A modification of the original order is granted usually when circumstances change. And that change is usually when the payor's income changes. So if Mom is asking for more money because she feels she needs more but your income has not increased, the modification is not likely to be granted. On the other hand if your income has decreased you can ask for a modification downward.

[Fr_Chuck]

As long as mom and child in in MN, it will continue to hold jurisdiction. There is no way you can get it changed unless they move out of MN to another state.

If the mother would agree to the move ( no reason she would or should) then it could be moved.

And most work as noted can be done per phone interview or official statement done though an attorneys office. Many firms will have connections with firms in other states.

I would say, that if an attorney said you could, you may want to see if you can find a family law attorney with more experience.

[AK lawyer]

...
But, as AK said, you do not need to hire an attorney in MN. You can hire an attorney in GA who has an affiliate in MN or ...

Actually, you would hire a Minnesota attorney. It's possible there may be a Georgia attorney who is also licensed to practice in Minnesota, but they would be few and far between. I guess Scott was thinking in terms of a humungous law firm which has offices everywhere, but the OP's actual attorney (even if a member of such a firm) would have to be licensed in Minnesota.

[ScottGem]

Actually, you would hire a Minnesota attorney. It's possible there may be a Georgia attorney who is also licensed to practice in Minnesota, but they would be few and far between. I guess Scott was thinking in terms of a humungous law firm which has offices everywhere, but the OP's actual attorney (even if a member of such a firm) would have to be licensed in Minnesota.

My understanding is, several law firms, especially Family Law attorneys, have networks of affiliates that they work with. So, if one hires a GA attorney they will have attorneys in other states that they can call on.