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Getting VA child support office to enforce FL CS order and reduce at the same time?

Started by 416021va, Jun 08, 2006, 05:22:18 AM

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416021va

My State of Residence is VA, but I reside in FL.

FL has threatened to get VA CSE to enforce my child support order (because I owe $8k in arrears).

I have heard that FL must obey VA CS guidelines when enforcing an order.

VA CS is substantially lower than FL.

My income is good up here, but is lower than than the income for which my child support was initially based on in FL.

I was wondering if I could ask VA to enforce and then get CS lowered with respect to this state.

If that is possible (which I doubt because it sounds good), then would VA enforcement satisfy support ordered to Florida including arrears, or would the arrears in FL continue to grow as they pretend that they don't receive the money.

Thanks!


VeronicaGia

Your post is confusing:

"My State of Residence is VA, but I reside in FL"

In which state do you live?

Which state controls the support order?

Which state does the other parent live?


416021va

State of Residence is Virginia, Child and parent reside in Florida.

Support is controlled by FL, but FL says they are going to reciprocate with VA.


VeronicaGia

If the court order is in FL and the child and other parent live in FL, then FL will continue to control the support order.  FL may ask for VA's help in enforcement, but until no one lives in FL, the court order cannot be moved unless all parties agree to it.  I doubt the other parent will agree to it, because that would mean that court will be in VA now, which would be quite inconvenient for her.

Also, since the original order was in FL, FL emancipation laws will follow the order.  

awakenlynn

Ex tried that and our attorney laughed at her.  We lived in MS at the time, ex lives in TX and case is in IL.  

We did have arrears, and had wanted the child support to come directly out of pay check, but company wouldn't do it without official garnishment notice.  TX started sending us bills from the CSE office.  Which legally they couldn't do.  Ex has to apply to IL (in our case).  It's been caught up now and she hates it.

In your case.  Because child lives in FL, they are the ones that determine the amount.  VA has agreed to work with FL to get the money.  That is it.  VA will not change the amount or even take jurisdiction.  It is generally the state where the child and CP of the child lives, who determines amount of child support.  There are exceptions such as us where neither party still lives in the original state, but ex's husband is military and my husband used to be.  This makes sure the case doesn't change with every set of new orders.  Its been nice to have the structure and not worry that ex will go to court with each new state (it has been 5 moves since 2000)