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StupidLamb07 · May 18, 2009, 04:01 PM

I will try to keep this as short as possible. My ex husband is trying to lower the child support, because he has a money grubbing materialistic girlfriend, and he is also very irresponsible financially. My problem is, he is originally from a different state than we are in now, BUT he resides in this state and NOT his home state. My child and I are from here. NEVER lived in his home state or anything. He fooled me into getting the divorce papers done where he is originally from so his Mommy and Daddy could pay for it. WEll now, I am trying to take care of what he is trying to do now, and I have been to a lawyer here where I am, and I was told nobody can touch my case HERE until it can be switched here. BUT in order to do that, I have to hire a Lawyer where he is from!! I am SO enraged by this, I don't know where to turn!!

ScottGem · May 18, 2009, 04:15 PM

Seems to me you got advice on what to do.

StupidLamb07 · May 18, 2009, 04:18 PM

Well, I do know what I have to do, But how do I go about doing it. I mean I can't just pick up and go 1,000 miles away. Will I be able to find a lawyer where I will NOT have to travel? Is it possible?

ScottGem · May 18, 2009, 04:25 PM

Most attorneys have affiliate relationships with firms n other locations. So shop for a local attorney with a affiliate in the rght location.

cdad · May 18, 2009, 05:12 PM

Originally Posted by StupidLamb07

I will try to keep this as short as possible. My ex husband is trying to lower the child support, because he has a money grubbing materialistic girlfriend, and he is also very irresponsible financially. My problem is, he is originally from a different state than we are in now, BUT he resides in this state and NOT his homestate. My child and I are from here. NEVER lived in his homestate or anything. He fooled me into getting the divorce papers done where he is originally from so his Mommy and Daddy could pay for it. WEll now, I am trying to take care of what he is trying to do now, and I have been to a lawyer here where I am, and I was told nobody can touch my case HERE until it can be switched here. BUT in order to do that, I have to hire a Lawyer where he is from!!! I am SO enraged by this, I don't know where to turn!!!!

OK, Can you break down what states are involved here ? From what your saying you may have a chance to move this thing near you.

1) need to know what state your in.

2) need to know what state he is living in for at least 6 months.

3) what state was the divorce / custody / child support is from ?

That would go a long way in determining what you can and can't do. If he resides in a different state then the order was in and so do you its possible to remove jurisdiction to where the child currently lives.

StupidLamb07 · May 18, 2009, 05:15 PM

OK.. I am in NC, he has been here in NC for the past almost 11 years, and the divorce/custody/child support was filed in TX(where he is originally from), ONLY because that the only way he wanted it and his parents would pay for it.

Fr_Chuck · May 18, 2009, 05:17 PM

But yes you travel 1000 miles and appear in court or you may just lose, but really child support is based on income, that is it, his life style of needs of girl friend don't matter,
I know in GA it will be 17 percent of his pay check,

cdad · May 18, 2009, 05:19 PM

That being said you should be able to transfer the case to N.C. because that is where the child currently resides. Texas should have no problems at all releasing jurisdiction because they don't really have anything but a piece of paper at this point.

Have you gotten paperwork from Texas already concerning the child support adjustment issue ?

StupidLamb07 · May 18, 2009, 05:20 PM

Originally Posted by Fr_Chuck

But yes you travel 1000 miles and appear in court or you may just lose, but really child support is based on income, that is it, his life style of needs of girl friend dont' matter,
I know in GA it will be 17 percent of his pay check,

I'm aware of that, but he is trying to lower it LOWER than what it should be and his lawyer even has the papers drawn up , and he has missed a few payments as well that he has NOT paid. But they will not touch it here until I get it switched here.

StupidLamb07 · May 18, 2009, 05:27 PM

Originally Posted by califdadof3

That being said you should be able to transfer the case to N.C. because that is where the child currently resides. Texas should have no problems at all releasing jurisdiction because they dont really have anything but a piece of paper at this point.

Have you gotten paperwork from Texas already concerning the child support adjustment issue ?

That's what I thought, but today the lawyer and people at The Child Support Enforcement Agency told me they cannot touch it AT ALL until it gets switched.

Yes, I have gotten the paperwork from my ex's lawyer to lower the support. In there it said that I had agreed to it, which my right hand up to God, I NEVER agreed to it. He has been harassing me and threatening me that I BETTER have them signed this coming Friday, or he's taking me to court in TX. We have been divorced 2 years, and separated and additional 2 years, and he STILL tries to control my life when it comes to our child. He doesn't even abide by the court papers as to when he is supposed to see her.

cdad · May 18, 2009, 05:33 PM

Originally Posted by StupidLamb07

Thats what I thought, but today the lawyer and people at The Child Support Enforcement Agency told me they cannot touch it AT ALL til it gets switched.

Yes, I have gotten the paperwork from my ex's lawyer to lower the support. In there it said that I had agreed to it, which my right hand up to God, I NEVER agreed to it. He has been harassing me and threatening me that I BETTER have them signed this coming Friday, or he's taking me to court in TX. We have been divorced 2 years, and separated and additional 2 years, and he STILL tries to control my life when it comes to our child. He doesn't even abide by the court papers as to when he is supposed to see her.

The papers that you have received are from a Texas courthouse ? You may have to hire a lawyer from there to petition the courts for a change on venue and have your case heard in NC due to lack of jurisdiction in Texas as none of the parties reside there nor have resided there in the last 6 months. It should be a no brainer for the lawyer.

This link may help you understand what's going on.. as soon as its released by Texas then you take it to NC for collections.

http://www.state.ak.us/courts/jurisdictionfaq.htm

StupidLamb07 · May 18, 2009, 05:37 PM

Originally Posted by califdadof3

The papers that you have recieved are from a Texas courthouse ? You may have to hire a lawyer from there to petition the courts for a change on venue and have your case heard in NC due to lack of jurisdiction in Texas as none of the parties reside there nor have resided there in the last 6 months. It should be a no brainer for the lawyer.

This link may help you understand whats going on .. as soon as its released by Texas then you take it to NC for collections.

http://www.state.ak.us/courts/jurisdictionfaq.htm

That's EXACTLY what I was told and have to do. I have to change the venue. But my worries are would I have to go there, or would this be easy to get taken care of? I'm stressed pout enough as is, and I just can't get up and go to TX.

ScottGem · May 18, 2009, 05:40 PM

They won't touch it until its switched, so you first have to switch it. You go to your LOCAL Family court and submit a motion to have NC take jurisidiction since, neither party lives in the state where the order was originally adjudicated and the child lives in NC.

Once NC acknowledges jurisidiction, he will have to file for modification in NC.

cdad · May 18, 2009, 05:42 PM

Originally Posted by ScottGem

They won't touch it until its switched, so you first have to switch it. You go to your LOCAL Family court and submit a motion to have NC take jurisidiction since, neither party lives in the state where the order was originally adjudicated and the child lives in NC.

Once NC acknowledges jurisidiction, he will have to file for modification in NC.

Since there seems to be an action already started then that action needs to be stopped so NC can take it from there.

StupidLamb07 · May 18, 2009, 05:51 PM

Originally Posted by ScottGem

They won't touch it until its switched, so you first have to switch it. You go to your LOCAL Family court and submit a motion to have NC take jurisidiction since, neither party lives in the state where the order was originally adjudicated and the child lives in NC.

Once NC acknowledges jurisidiction, he will have to file for modification in NC.

See, I was told that I can't do ANYTHING here in NC, and that I HAVE TO go through TX.

cdad · May 18, 2009, 05:55 PM

Originally Posted by StupidLamb07

See, I was told that I can't do ANYTHING here in NC, and that I HAVE TO go thru TX.

That may be only to have the motion set aside and to get your change of venue so the matter can be taken up in NC courts.

Texas has to release jurisdiction. And since something is already started there it has to be cleared up there but for that you shouldn't have to make a personal appearance just send a representative ( aka lawyer )

StupidLamb07 · May 18, 2009, 05:58 PM

Originally Posted by califdadof3

That may be only to have the motion set aside and to get your change of venue so the matter can be taken up in NC courts.

Texas has to release jurisdiction. And since something is already started there it has to be cleared up there but for that you shouldnt have to make a personal appearence just send a representative ( aka lawyer )

Is it possible that a lawyer would cost more if he/she is representing someone from another state?

cdad · May 18, 2009, 06:01 PM

Originally Posted by StupidLamb07

Is it possible that a lawyer would cost more if he/she is representing someone from another state??

The rate is the rate. And we are only talking about filing for one order. Try calling there and see. But the rate doesn't change no matter where your coming from hourly is hourly. And because of what it is you might even be able to ask the courts for him to pay your lawyer because of what he is doing.

StupidLamb07 · May 18, 2009, 06:04 PM

Originally Posted by califdadof3

The rate is the rate. And we are only talking about filing for one order. Try calling there and see. But the rate doesnt change no matter where your coming from hourly is hourly. And because of what it is you might even be able to ask the courts for him to pay your lawyer because of what he is doing.

This is all so overwhelming right now. When I got home earlier, I hopped online right away looking up lawyers... my head was spinning. By the time I looked, it was already too late to call so I will have to do it tomorrow, but there's so many, how do I know who to call? Sorry for all the questions, I am just so lost and worried.

cdad · May 18, 2009, 06:06 PM

Try the local BAR assc in Texas. They should be able to recommend someone in the area your courts are in.