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Main Forums => Child Support Issues => Topic started by: jakkt on Dec 28, 2008, 01:58:28 PM

Title: Child Support Help
Post by: jakkt on Dec 28, 2008, 01:58:28 PM
My ex owes back child support and I need to file a rule to show cause, but I have gotten married and moved just across the county line so I no longer live in the county of the original order. Obviously, for convenience I would like to file in the county I live in and think this is what I'm supposed to do, but do I just file the show cause in this county or is there something else I need to file first to give notice to the court that the children reside in this county now?
All help appreciated.
jakkt
Title: Re: Child Support Help
Post by: Kitty C. on Dec 28, 2008, 06:15:35 PM
If the support order originates in the county you previously lived in, then that is the jurisdicton you need to file the order to show cause.  It doesn't make any difference where the children live right now.  Since it's in the same state, you probably should research your state laws regarding registering orders and see if the orders from the previous county can be registered in the county where you now live.  Don't get your hopes up, though...because since it is in the same state (and all the state laws still apply) they may not allow it.  Now if you were crossing state lines, I would strongly recommend registering any and all orders with the new state, so that they can enforce it according to the laws of the original state.

But in order to quickly initiate current proceedings, you will need to file through the original court.
Title: Re: Child Support Help
Post by: mmaines on Dec 31, 2008, 12:58:34 PM
previous post is correct.
Original Jurisdiction is "where Order orginated"
what most likely will happen, is you will file there, then the clerk will realize you don't live in the county any more and that they really "don't" have jurisdiction and send the case file to the new county where you reside.

THEN - after THEY get the case file - 3-6 months later - you'll be able to file in the new county.

good luck - and don't forget UFISA!