Question on Jurisdiction

[Dez]

First post disappeared into cyberspace again!

Greetings Soc,

I have the ball rolling on a child support modification. The support office (in another county) sent the paperwork to the prosecutor of that (other) county.

All of the proceedings in this case have taken place in the county in which the mother, our child and I reside. The support order was signed in 'our' county.

Doesn't the county where the order was signed have jurisdiction, and the matter be heard there?

Thanks

 

[socrateaser]

>First post disappeared into cyberspace again!
>
>Greetings Soc,
>
>I have the ball rolling on a child support modification. The
>support office (in another county) sent the paperwork to the
>prosecutor of that (other) county.
>
>All of the proceedings in this case have taken place in the
>county in which the mother, our child and I reside. The
>support order was signed in 'our' county.
>
>Doesn't the county where the order was signed have
>jurisdiction, and the matter be heard there?

Yes, and the proper procedure is for the prosecutor to file a motion to intervene and for a change of venue to his/her county. It's quite possible that the prosecutor is unaware that there is a case pending in your county. So, write and explain, or you may have to respond to the prosecutor's motion to modify support in that county with a request that the court dismiss for improper venue, which will be a pain for you and for the prosescutor. The prosecutor needs to simply forward the paperwork to your county, because it's not his/her case. This assumes that nothing was ever filed in that county in the past, like a welfare action of some sort. If that's true, then you will need to move the court to change the venue of that case to your county and consolidate it with your pending case. However, if that's true, then you've filed in the wrong place, the prosecutor is correct, i.e., you must go to that court and move for a change of venue to the county where all the parties' currently reside.

And, you will likely lose, because the prosecutor in a welfare action is the representative of the State, which is another party to the case -- and, the party who pays the judge's salary.

[Dez]

Thank you!