Change of Venue/Modification of Child support

[roam_mt]

Hello. My husband and I fought for years to get custody of his son. With the help of this website we were able to do so. Now I am back for a little more help. Since we gained custody over 3 years ago, we have moved to another state (we have been here about 3 years). We are looking to have a child support modification and would like to have the case handled here where we are living. (Case was determined in Washington and we now reside in Oregon). We honestly do not have the money to hire an attorney as we are still paying off the last one :) !! So I am hoping someone here has some helpful information on getting a change of venue. Thank you!!

[MixedBag]

But where does the former CP live.

You might not be able to change jurisdiction.

Cheapest way is to work through your local DHR (which also takes the longest, but they are free and they do CS).

[roam_mt]

Custody was determined in Washington and she (former CP) still resides there. It is just frustrating, she has only seen him 2 times in the last 2 1/2 years and that was when we took him to her. It is approximately an 8 hour drive each way for us to go back for court dates, so that makes it very difficult. Thank you for your response.

[Giggles]

Each are different!  You should be able to have the "Custody" order moved to OR...however, the CS order will stay with the "payor".  So if the new NCP has a custody issue...if it is moved to OR they would have to file through OR.  BUT if it's a CS issue...then that will stay in WA.

[KAT]

 Agree. Jurisdiction of child support isn't going to change because she still lives in the state of origin. This would fall under the Uniform Interstate Family Support Act of which all states now recognize (like the Feds gave them a choice). You can read about it here: http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm

 This is done (for the most part) to prevent cs shopping. Think how many CP's would flock to states with higher CS levels such as New Hampshire.  I'd also be leery of taking her back to court. Since you moved the judge could hold your husband responsible for all transportation costs associated with her visitation. This could be in the form of modifying her support order to provide for the expense (full or partial) for visitation or making your husband be responsible for seeing that the child is produced for visitation (& returned). Tread carefully. Sometimes, it's just not worth it....

KAT