Case originated in Maryland from divorce. kids and i now live in Virginia and have been for 2 years. ex is trying to go back to court but i would like to have it transferred to Virginia. Can i do this and how?
Child Custody Lawyer
Jurisdiction over child support issues is governed by the Uniform Interstate Family Support Act (UIFSA), a uniform act drafted by the Uniform Law Commission that has been adopted by every state. Under the provisions of UIFSA, the original state issuing a child support order shall have continuing exclusive jurisdiction over future child support issues as long as the paying parent, receiving parent, or the child for whose benefit support is being paid continue to reside in that state.
If your ex still lives in Maryland, then Maryland will be the proper court to hear this issue unless he will consent to having child support handled in Virginia.
The information provided in this response is in the nature of general information and in no way creates an attorney-client relationship with anyone including the individual who posted the question. If you would like to schedule a consultation to discuss the specifics of your case, please contact Livesay & Myers, P.C., (540) 370-4140, www.livesaymyers.com.
Divorce / Separation Lawyer
Yes and no. There is a Federal Act that governs jurisdiction in these case and the bottom line is Child support will remain with the Court that issued the order or where the "paying party" ( your ex) resides. This may sound odd but there is a logic to it. If you want to file a show cause for him not paying or to get him to pay more, you need to go to the State where he lives so they really can exercise some authority over him. Virginia is limited as to what it can do to a Maryland resident. Now here is the good news. You can have the Division of Child Support Enforcement (DCSE) enforce your order. This means going to your local office and opening a case with DCSE. Once that is done, they represent you on any future show causes against him and any Motions to Amend that HE should file. Except in a few cases, you may not even have to appear.