[stevetcg]

Here is a situation.

Parents of 2 kids divorce and mother is awarded primary physical and joint legal. Father agrees to allow mother to move out of state with the children. Father is paying child support and is current.

If the father chooses to move to the same state as the mother did to exercise his visitation, does jurisdiction change to the new state automatically?

The issue is that the new state of residence allows for more child support than the original state. Can the mother refile in the new state for modification?

Make sense?

Note: this is a hypothetical based on a conversation that my fiancée and I had based on a discussion thread on one of her favorite sites. No actual people are involved in this situation. Any additional factors can be made up for the hypothetical.

[cdad]

To answer the question there needs to be an understanding of how its " suppose " to work. The idea and concept of the uniform law act was to prevent state shopping for the purposes of child support. Like in this situation of moving to a state that requires a higher support level.
Now for the meat of the question. The jurisdiction is not an automatic thing. The courts that originated the orders still have jurisdiction until such a time as a change is requested. Example.. couple lives in Ohio then divorces. The custodial parent moves to New York leaving the non custodial behind. In keeping with the question If the non-custodial moves to New York to be with the children Ohio still has jurisdiction until application can be made in New York and the jurisdiction can be transferred because of non interest ( no parties living within the state ). I hope that clears it up. That's the best of my understanding as to how it is suppose to work.

[stevetcg]

So if both parents move to the new state, the new state;s laws will apply after the custodial applies to change jurisdiction?

In other words... they can file for more support?

[cadillac59]

Here is a situation.

Parents of 2 kids divorce and mother is awarded primary physical and joint legal. Father agrees to allow mother to move out of state with the children. Father is paying child support and is current.

If the father chooses to move to the same state as the mother did to exercise his visitation, does jurisdiction change to the new state automatically?

The issue is that the new state of residence allows for more child support than the original state. Can the mother refile in the new state for modification?

Make sense?

Note: this is a hypothetical based on a conversation that my fiancee and I had based on a discussion thread on one of her favorite sites. No actual people are involved in this situation. Any additional factors can be made up for the hypothetical.

The answer to both of your questions is yes. I think that Califdadof3 is technically correct in saying that the state issuing the original custody order has jurisdiction until that order is modified; yes, that is so. But I think this is really a technicality. The state to which the father moved would obviously be able to immediately modify the existing orders without the issuing state having anything to say about it.

The answer to the question about support modification, as with custody modification is, as I said, yes. And yes, the state to which the father moved would apply its own guideline and could issue new and different support orders. Here's California's statute, which is the same statute every state has (it's the UIFSA):

Family Code Section 4962

(a) If all of the parties who are individuals reside in this
State and the child does not reside in the issuing state, a tribunal
Of this state has jurisdiction to enforce and to modify the issuing
State's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this
Section shall apply the provisions of Articles 1 (commencing with
Section 4900) and 2 (commencing with Section 4905), this article, and
The procedural and substantive law of this state to the proceeding
For enforcement or modification. Articles 3 (commencing with Section
4915) to 5 (commencing with Section 4940), inclusive, and Articles 7
(commencing with Section 4965) and 8 (commencing with Section 4970)
Do not apply.

[cadillac59]

One thing I will add. There is no such thing as "transferring jurisdiction" from one state to another. We have full faith and credit in the US under the US Constitution so there is no moving of cases between the states. Of one state makes an order that order is presumptively valid and enforceable in all other states. In custody and support cases, under the uniform acts that apply, one state loses jurisdiction and another acquires it. It's a one-state-at-a-time rule regarding jurisdiction under both the UCCJEA and the UIFSA. That's how it works. Nothing is "transferred" anywhere.

[stevetcg]

As a follow up - would the custodial parent need justification such as a substantial change in income of the non-custodial in order to file for modification in the new jurisdiction?

[cadillac59]

As a follow up - would the custodial parent need justification such as a substantial change in income of the non-custodial in order to file for modification in the new jurisdiction?

No, not at all. The change in jurisdiction is enough to justify a modification since every state has its own guideline which will always produce a different support order.