Posted: 10/4/2005 12:24:10 PM EDT
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A coworker has a little girl with his ex who he rarely gets to see because his ex is a real vengeful PITA. She just moved to another state, taking their child in common with her. There has never been any payments ordered by the court in either state as he pays the appropriate amount voluntarily. Here's the question - which state's rules is he obligated to pay support by, his residency state where all parties formerly lived or the ex's new state of residence? TIA. He's at work here with me awaiting responses. |
Were they ever legally married? If so were they legally divorced or separated? I believe the rules for child support are calculated based on the fathers income. He really needs to retain an attorney to help him with this. I am, or was, also a victim of a shithead spouse. Charles. 
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| If they are divorced and all of it is done through the court, and she moved out of state without his permission, then he should have custody soon. Thats BAD juju man. She'll have to be a resident of that state for a period of time (30 days to one year) before they have any jurisdiction. |
| Again. depending on the state she moved to (which he could start a lot of shit over) it depends on how long she's there before they will assume jurisdiction. Moving without a good reason is bad juju. If the child could have stayed with the father and remained in the same school, day care, and other activities without having to change, he could have been awarded custody had he fought for it. That's an easy fight to win. Moving is very hard on kids. Courts are usually against it. |
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In my case, it was the county and state that the divorce/ court order took place in (Ohio). She moved to other states frequently. I moved to KY for a while. My attorney told me the case could be moved to the state she moved to, not mine. He also told me I could delay her moves, not stop them as she could always claim economic necessity and the courts would allow it. So, it'll stay in the original court or follow her around. The court doesn't care about you, so don't get excited about geting custody. The court doesn't care about you getting visitation or building a relationship with your kids, either. The courts only care that the child support is being paid so they can brag about their compliance rate and the amount they collect every year. Father's rights are not considered. Also, in my case, money not sent through the courts is considered a gift, not child support. It varies by state but voluntary payments without an order might not count for anything if she decided to get an official court order. Of course, that was just my experience, YMMV. |
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| He needs to speak to an attorney experienced in these matters, there is a federal law regarding which state's law applies, but in addition if she left the state without his consent and/or in violation of an existing custody/visitation order there may be other issues he should discuss with an attorney and there are certain possible time limits involved. |
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My son and ex girl friend live in Tenn., I moved to Ky for work. I started paying in Tenn, I now pay it through Ky court. He will probably be paying in his own state, They like to keep you close to your home jail if you dont pay. It cost to much to send you to her state |