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Author Topic: which state to file in?  (Read 1960 times)

foughtandwon

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which state to file in?
« on: Nov 04, 2004, 02:20:45 PM »
ok after a 1 1/2 year cps/custody battle i have my son with me.
all this happened in arizona where the mother lives. i am military and currently live in new orleans
from what i can figure, after 6 months of living with me i should be able to file in the state i live in.
here is the kicker the last thing the custody order says is " the matter of child support should be referd to judge -------" well after driving back and fourth many times 1400 eaqch way. the last hing io wanted to do is open another case. so i took my son and left not to mention i wanted everything to calm down a bit first.

so what state can i file for support in?


Kitty C.

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RE: which state to file in?
« Reply #1 on: Nov 04, 2004, 03:35:19 PM »
There's a federal act that prohibits CP's from 'state shopping' for the best CS guideline/rate, thus I think that if AZ holds jurisdiction on the CO and the NCP still lives there, that is the state you have to go thru.

But if AZ has a CS enforcement office that all orders go thru, it's only a matter of getting in touch with them to get the ball rolling.  Either check your state statutes or website or maybe someone else here familiar with AZ can tell you.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

joni

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RE: which state to file in?
« Reply #2 on: Nov 04, 2004, 11:05:07 PM »
AZ is the state for child support.  It's the jurisdiction that the NCP subjects themselves to, not where the CP lives.

We're in IL, my DH's Ex was in MI.  For CS, my husband consented to MI for jurisdiction at the time of the divorce because the court system was faster to get a divorce than Chicago.  Mom recently moved to NY.  Mom cannot file for CS in NY unless my husband's agrees to that jurisdiction.  Of course, he won't.  However, my DH can change it to IL if he wants to since he's living here and mom's not in MI anymore.

HOWEVER, after 6 months of living in LA with you, LA becomes the new jurisdiction for any child custody/visitation matters because the child is now a resident of LA.  Unless, of course, you agreed for AZ to maintain jurisdiction.

Thoroughly confused now?  So if mom wants to challenge custody or visitation issues, after 6 mos, she's got to go to LA to file.  

foughtandwon

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RE: which state to file in?
« Reply #3 on: Nov 05, 2004, 06:57:43 AM »
so was that a left or a right????????????????????
lol that about what i had thought after 6 months then i can file here in LA
the custody order does say
"the court retains jurisdiction with respect to parenting time if the parties are unable to work out an agreement..................."

but it doesnt say that about support


we started to work out a parenting plan but i felt like i was getting blind sided so i backed out of that one for now. her shrink had typed one up and was gonna have her husband notarize it and that just sounded funny. i'm glad i didnt sign it cause now that i read it it sounds alot more like parents with joint custody... she was obviously tryin to hook her up.

KAT

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RE: which state to file in?
« Reply #4 on: Nov 05, 2004, 09:11:56 AM »
You should know that it might not be that easy. The first state has to release it's jurisdiction FIRST, you just can't go & file on the custody/visitation issues because you've been there six months. They might or might not release it since biomom still lives there & the especially the way your court order is written. To be honest though, is it really worth the $15.77 a month you'd end up with from her...and risking losing ALL the daily hugs & kisses due to yet ANOTHER emotional & physically draining custody battle (cause you've pissed her off asking for financial support?). I'm not saying not to file, I'm just saying that's all. I see it time & time again.....pretty sad if you ask me but that's the way it usually turns out. Mr.KAT went thru the same thing...all was fine & dandy as long as she didn't have to provide one single dime.
KAT


raf

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RE: which state to file in?
« Reply #5 on: Nov 06, 2004, 12:23:53 AM »
If you are wanting to have the NCP pay CS. you will have to file in the state that has jurisdiction over the NCP. LA has no jurisdiction over the NCP in this case.

foughtandwon

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RE: which state to file in?
« Reply #6 on: Nov 08, 2004, 09:59:06 AM »
>You should know that it might not be that easy. The first
>state has to release it's jurisdiction FIRST, you just can't
>go & file on the custody/visitation issues because you've been
>there six months. They might or might not release it since
>biomom still lives there & the especially the way your court
>order is written. To be honest though, is it really worth the
>$15.77 a month you'd end up with from her...and risking losing
>ALL the daily hugs & kisses due to yet ANOTHER emotional &
>physically draining custody battle (cause you've pissed her
>off asking for financial support?). I'm not saying not to
>file, I'm just saying that's all. I see it time & time
>again.....pretty sad if you ask me but that's the way it
>usually turns out. Mr.KAT went thru the same thing...all was
>fine & dandy as long as she didn't have to provide one single
>dime.
>KAT

there is a lot more to it than that. i seriously she would have even the slightest chance of trying to take me back to court for custody. The reason i got custody is because CPS took the kids away from her.
and this isnt a matter of just trying to get her back. since day one i paid my support on my own no court order or anything like that and since day one she has complaind that she needed more,  
i just wantr to give her the chance to do the same if she doesnt then we will go to court. i cant stand to see stories of deadbeat dads in the news and not a single mention of mothers that do the same.

 

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