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Joined: Jun 2001
Posts: 35
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Joined: Jun 2001
Posts: 35 |
I know this is a legal question, but maybe someone could send me to another site or something before I contact an atty. The OW got transferred by her job and is no longer living in the same state as me and H. (Thank God for small miracles!)My question is which state will CS be based upon? The 2 states involved are quite different in their laws and we will have to pay lots more if the other state rules. Just another way of being screwed yet again! Does anyone know anything about this?<BR>
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Joined: Apr 2001
Posts: 288
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Joined: Apr 2001
Posts: 288 |
I am not an expert but usually support is based on the state that the Oc resides in. Has an order been placed in any state? Someties theyb transfer. if not most likely it will be the new state that the ow files in.
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Joined: Mar 1999
Posts: 2,430
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Joined: Mar 1999
Posts: 2,430 |
My understanding is you go by the last court order (do you have one in her old state?) until any new order occurs in the new state, but I'm NO legal expert! <P>Example: ex-wife of a friend moved from OK to GA and the Oklahoma ch-support agreement held until ex-w took the father to court for more ch-s in GA about 13 years later!!
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Joined: Sep 2000
Posts: 503
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Joined: Sep 2000
Posts: 503 |
Jenny's right. You follow the court order you have currently in place until a new one is rendered. She can't file in the new state until she establishes residency..which is about 6 months. Once residency is established, the new state would have jurisdiction. CS would be based on the new state's guidelines/laws.
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Joined: Apr 2001
Posts: 413
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Joined: Apr 2001
Posts: 413 |
When H and OW broke up for 4 yrs. prior to my knowlege, OW took OC's[two] to another state. OW had been recieving child support in this state. OW filed in new state. The new state could not change the order of the old, and original state. Do you know why? After I found out, 4 yrs. later. H and I hired a very good attorney. We got CS reduced because OW left the old state without H's or the courts permission. Every state's laws are different. Please get professional legal advice. ember
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