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    talnuki's Avatar
    talnuki Posts: 2, Reputation: 1
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    #1

    Sep 21, 2013, 10:08 AM
    Which state has jurisdiction
    I live in Texas but my divorce was finalized in SC. Since this time my ex-wife has remarried and move to Phoenix, AZ. I will be retiring soon and plan to go to school full time so I would like to file an amendment to have my child support reduced. My question is, which state is the correct state to file in? The case has not been transferred to AZ. Second question, if SC still has jurisdiction and I file in SC, can my ex request to have the case moved to Phoenix after I file? Thanks!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 21, 2013, 10:34 AM
    The court in South Carolina issued the divorce decree and the child support order. That court is where it would have to be modifed.

    I don't believe that an Arizona court could modify the South Carolina child support order. So "transfering" (i.e.: a change of venue) to an Arizona court wouldn't make any sense. The Arizona court probably doesn't have jurisdiction over your person, or over your divorce.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Sep 21, 2013, 11:10 AM
    As of right now SC has jurisdiction. But since neither party lives in the state it would be possible for it to be transferred to the home state of the child for child support. Are you going to be doing your schooling in SC or Texas? If you remain in Texas then expet the courts to allow it to be moved to Az.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 21, 2013, 11:22 AM
    As noted while jurisdiction remains in SC until moved, since the child lives in AZ, the mother can request to have it moved to AZ.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Sep 21, 2013, 01:03 PM
    "The [Uniform Interstate Family Support] Act establishes rules requiring every state to defer to child support orders entered by the state courts of the child's home state. The place where the order was originally entered holds continuing exclusive jurisdiction (CEJ), and only the law of that state can be applied to requests to modify the order of child support, unless the courts of that state no longer have original tribunal jurisdiction (CEJ) under the Act." Uniform Interstate Family Support Act - Wikipedia, the free encyclopedia
    talnuki's Avatar
    talnuki Posts: 2, Reputation: 1
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    #6

    Sep 21, 2013, 03:30 PM
    Thank you all for your quick responses! Yes I plan to attend school here in Texas. Since my ex has the option to transfer the case to AZ (as I'm sure she would), to avoid wasting time, can I request the transfer myself then file in AZ or do I have to file in SC first then wait for her to transfer to AZ?
    What would be the best/fastest course of action for me to take? Thanks once again!

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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Sep 21, 2013, 03:36 PM
    Sin ce she is the one who lives in AZ I would suspect she has to file to move it. If you initiate the modification it should be in SC.
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