Can I file for a change of custody, if neither parent lives in the original state?:
Good Evening,
My ex wife and I have a custody agreement where she is the primary custodial parent, in the state of Florida. I live in Virginia. Due to unforeseen circumstances, she had to relocate to the state of West Virginia, and I live in Virginia still. Since neither of us are residents in the state of Florida anymore, can I file for a change of custody in the state of Virginia? Also, I pay child support based off of Florida’s Minimum wage. Can I also file to have that changed since neither of us live there?
Michael’s answer:
There are two statutes at play here. There is the UCCJEA for custody, and the UIFSA for support.
Custody jurisdiction is based on the child's home state. Home state is where the child has lived the preceding six months.
A state that issues a custody order has continuing, exclusive jurisdiction thereafter until everyone moves out of that state. Then, jurisdiction passes to the new home state.
Since you have a Florida custody order, and no one lives there, jurisdiction moves to WV where the child is.
You cannot file for custody in Virginia.
Child support is similar in that once a state orders child support, it has continuing, exclusive jurisdiction over child support until everyone moves away.
Once everyone moves away, jurisdiction passes to the responding party's state. For example, if you want to modify child support you go to the mother in WV. If she wants to modify, she comes to you in VA. Then, the state issues a new order. Continuing, exclusive jurisdiction thereafter arises so long as the person remains in the state.
If I am the primary/custodial parent and I make more money, will I need to pay out child support to my ex husband ?: We both live in VA, both kids are primarily with me due to his firefighter schedule. We don’t have a formal legal agreement. Is there some kind of calculator I can use to predict how child support is calculated in the state of VA?
Michael’s answer:
If the father has less than 90 days of custody per year and you have primary physical custody, there is no scenario where you would pay him, regardless of income differences. Even if his income was $0, there is a $68 obligation for one child.
If both parents go over 90 days, then it is possible the numbers could work out that you pay him even though you have greater time.
The Depart. of Social Services website has a calculator.
Divorce :
I filed an un contested divorce on November 2020, on July 2021 I filed a pendente lite , the Judge ordered $3000 child support and Alimony for me and my child.my husband left the country and didn't pay anything, what should I do next ? and can I ask for the final hearing so I can get divorced with out my husband appearance?
I have a lawyer, but she is not answering my questions, I may change her
Michael’s answer:
If it was an uncontested divorce filed in November 2020, that would imply that the year separation has already passed.
You can proceed to file for a final hearing on the issue of divorce.
How much you can do beyond the divorce, e.g., property, support, etc. would depend upon how the Defendant was served, whether they filed an answer or other pleading, etc.