need advice: multiple states

[goingnhuts]

Really need advice and help about multiple state cases. I have a child support decree in State A. CP and child moved to Texas after divorce. I moved out of State A to State C this year for a job. I informed CP about new job and change ins salary to increase cs. Response: started  case with the Texas Atty Generals Office and want back payments and modification. Because our cs decree is not registered in any state for enforcement, I have been sending cheque payments.

All I want is for jurisdiction of child support modification to be in State C - which according to the Texas Family Code, should be in State C because I live there, and CP is the one requesting the modification. However, the question of jurisdiction crops up because of the enforcement of current cs decree. I have not been regular in my payments before this year, but I have paid what I can and when computed, the total amount of what I have paid is more that what Texas is now saying I owe in back child support.

Texas sent notice of intent to report to credit bureau (CP claimed there was zero dollars in payment over the years!), and informed me that my wages will be garnished for current cs decree PLUS the claimed back pay.  So basically, they are going to take it out of my salary AND then report me to credit bureaus.

Lawyer told me not to respond to Texas to avoid giving them jurisdiction. I was told that I will be served for a hearing for backpay. But Texas did not do that - they just informed me that they will garnish it straight out of my wages, no hearing at all. How do I respond to this and prove previous payments, total of which is over what they are claiming, without giving them jurisdiction over me for the following modification?

[MixedBag]

start reading other's situations regarding multiple states.


Personally -- and I'm no attorney --- you gave up jurisdiction in the original state when you moved. (I think you figured that out).


Personally, jurisdiction to modify and enforce any orders follows the child after 6 months.


So that's Texas.


Years ago -- and I'm talking over 20, when I moved to AL and EX#1 moved to CO, AL told me that they would use CO child support calculators because the custodial parent is not supposed to go "state shopping" to receive a higher amount of child support. AL would do the ordering and court hearings, but CO had "personal jurisdiction" over the EX, so they would be doing the second half.  (I never had problems though....so I don't know how it would have really played out).


Crunch the numbers in both states....you can't ignore this forever.  And make sure you get credit for all personal checks paid to the other parent.  In Ohio, the law specifically stated that payments made directly to the other parent were considered a gift.  NOT ALL states are like that.  Here in AL, my daughter's husband is still "one month behind" because he made the mistake of giving it directly to the Mom -- and even after a settlement order where she AGREED to receiving it, the state won't fix their records.  Daughter/Step-Mom is hanging on to that order for dear life, but it also means that the state will come after Dad in two months vs. three months of being behind - thankfully he's not.


Jurisdiction for if Mom does not send child -- like parenting time issues -- is gonna be Texas.   You both moved -- so it follows the child.  Chances are you need to re-visit a parenting schedule too -- so maybe it's time to file for that and to ask that transportation expenses be Mom's since SHE moved first -- and they may end up split. 


Personally, I'd crunch the numbers between the two states.  Then take a stand from there -- leaning towards working with the state of Texas -- because If Mom starts denying time, it will all be in on file.  Sure parenting time and child support are two separate issues, but you'd be surprised on how they also can be connected.

[goingnhuts]

Thanks for the reply. I have read through other forum posts here and even in other sites. Just to throw the information out there in case it's helpful to others in the future:  §159.611(a)(1) of the Texas Family Code (UIFSA) , jurisdiction for modification is with the state of the parent not asking for modification.

This is quote from the publication at the Attorney General's Office website: "If all parties have left the state that issued the controlling order, that state may not be able to modify the support amount. To modify the support, the order must be registered for modification in the state of residence of the parent who is not seeking the modification. "

oag.state.tx.us/AG_Publications/pdfs/uifsa.pdf

(tried to post the links but it says I'm not allowed to do it)

My current state is friendlier when we crunched the numbers, so I'm really trying to get jurisdiction for modification here - that plus I cannot afford to travel to Texas for possible court hearings and meetings. From the UIFSA, Texas has to serve me notice that they registered the current child support. I did not receive such notice - is this normal?

The first notice I received was an administrative notice for intent to report to credit bureaus then next were the administrative writ for income withholding (for both current and claimed arrearages).

Another question, would you know if notice is the same as service?

[MixedBag]

I think that the practical translation for your quote is that YOUR state's calculator will be used.


The "can't travel to TX" to defend yourself -- ummmm  probably isn't gonna hold water in the long run.  (Just my humble opinion of course.


The "didn't get notice" also probably isn't going to hold up in the long run (again, Just my humble opinion) -- mainly because the laws already state where jurisdiction goes.


Mom probably told TX "I don't know where to find him" -- blah blah blah....


Ask for a complete copy of the record in Texas via certified mail and be prepared to pay the fees.


There's actually a guy in northern Alabama over at facebook that is claiming the same thing....."AL never properly registered the order from TN" -- and well, there's more to the story than that - but he's claiming that part too.  Not sure how far that argument is gonna get him.


Mainly because of the end goal.....a child support order.


I personally think that you'll avoid a lot of headaches if you keep the ultimate goal in mind.  .... that in your case, your child is owed support.  SO....which argument is worth fighting?   TX is gonna ask for Child Support.  So see if you can register the original order in your state for the purpose of establishing child support through the states' systems....and see what happens particularly since your state is friendlier.

[ocean]

It may be that TX is just trying to enforce and collect from the original order. From what I have seen on this site, it will be moved to TX if mom asks for it. You can have phone conferences if needed but always better to be there or have lawyer there and you on phone.

[goingnhuts]

What Texas has been doing was long arm jurisdiction through administrative writs. They did not register the child support order - which was what we were expecting from everything we've read. Texas also started garnishing my salary.

We were later told by a lawyer that Texas should and/or would (it was all unknowns back then) send it to State C and they did eventually get to it and sent the order for enforcement to State C. I am full and constant cooperation with State C since they contacted me. They were straightforward, and said that it will be registered there, unlike Texas who was just trying to collect and get payments without registering the order.

Now, I have to solve the problem of two payments: Texas is still garnishing my wages, and I have started paying directly to State C when they required it.

State C is in contact with Texas, yet Texas still sends notices of payments and arrears. State C has also accepted proofs that I am current.

Looking up tying the visitation order to this now. Since these all happened, ex has given every excuse not to let me talk or see my child.

Mixed bag, regarding that guy in AL which you also sent me the link to, there is more to the story, yes I do believe that. Right or wrong there is always MORE to every one's story. But the stick we end up being measured against, in this area, is not objective. States do get more funding for every case they successfully close and even if you've been diligent in following your court order, so many other problems can arise. In a call to the state's child enforcement agency to follow up our case (even before they actually received it) I was basically told that if you don't follow what they say, you'll end up in trouble. 

It is hard to deal with all these but this is for my child - that's what keeps me going.

Thanks for all the replies MixedBag and Ocean.

[MixedBag]

oh believe me, I just ran into this again last week -- and my kids themselves are emancipated.  This frustration is going on into the next generation.

Good luck!

and thanks for the update.