Bio mom moed to other state and wants to close order to open in other state

[wife1]

well my husband's ex moved from Germany to Arizona , and my husband just started a new job so the first child support payment was late. So now she got all upset even though this is the first time in 12 years he has ever been late on a payment.She wants to close out the case here in Texas to open it in Arizona , my question would be what would that really do? What is the point of it, I understand the increase in child support but why close it here when there is a guarantee that she will be moving again in maybe 2-3 years. Does any one have any ideas or experience with this?

[brwneyedmom]

What state holds the original order? More information will help us to help you. If TX is the originating state and your DH still lives there, then I don't think that she can change it. Can your husband make her move back with the children or can he motion the court to keep the children from leaving?

[tigger]

If she moved from Germany to Arizona and is likely to move in 2 - 3 years, I'd say it sounds like she has a military husband.  If that's the case, and since the husband still lives in Tx, (deduced because you said, "here in Tx"), I'd say that Texas retains jurisdiction.  Does Arizona have a more generous set of CS guidelines?  Does it allow for the CP to collect for longer than high school/age 18?  If so, that might be her real motive for wanting the change and is just using the lateness as an excuse. 

But take everything I say right now with a grain of salt, I'm just in a mood.

[wife1]

This will be the 5th time she has moved and yes her husband is in the military so there is no guarantee that they will not move again, we are thinking about asking the court to not grant the change because they have no permanent address and won't until he ( step dad) is out and we don't know when that will be. Yes the original order is here in Texas, and what I have seen that is different betweent the states is that they take her income (which is 0 because she has not worked in 13 years) and his and divide it in half. And that is how they come up with the amount, but do they take it into account that he now has 2 other children.  Plus he has NEVER been able to get visitation the way that he is supposed to so does that affect anything, even during the summer /christmas she cuts him short or tells my husband she wants him back on certain days so she can have him when she vists her family. Isen't she supposed to do that on her own time?

[ocean]

The ex would have to ask TX to release case you will be informed of that court date. If she really puts in papers, then fight it with "dad is still in original state and order stays in TX, plus the fact that ex's husband is military and does not have a perm home base". She may try and file in her state but it should be kicked back to TX. If you get papers from her state, respond to them stating that TX has jurisdiction already.

Your husband is entitled to all court ordered visits in full. Once child gets to you, then do not return child until the court ordered date (wait until child is with you so she does not play games). If she denies visits, then file in TX court "contempt of court for denying visitation" and ask for make-up time and lawyer expenses. She will have to come to TX and explain why she is not following judges order.

Look up TX child support calculator online. Some states allow a decrease if he has more children (my state does not). In NY, it is 17% of your salary for child support plus added on can be daycare, medical expenses, and activities. See if the child support is close to what it should be.

You can go to see a lawyer for a consultation too. Some do first visit is free or a hour one time rate.

Did you get court papers about this yet?

[wife1]

I have checked out both states and what the changes would be, and it looks like she would actually do better just to leave it here, but I am sure she has another motive for doing this. I have tried to tell my husband that he should just keep him like he is supposed to when he is here but he is afraid of how the mom will take it out on the boy. That is the kind of woman she is, just unhappy and it makes no difference that she is hurting her own son at the same time. It is very sad. He hasen't recieved the papers yet and I don't know how long it takes for something to get started before we see some kind of paper work. We know once this gets started its only going to go down from here, she had threatened him in the begining that if he sent the notarized letters for when its time to see his son that she would only allow him to see his son on those times and no other, so once we get something in the mail we are going to start sending them in each time he is supposed to see him. It is just ver difficult to understand her thinking and reasoning for acting this way, what is the point?

[Simplydad]

I can answer the question about child support in Texas.

The only time additional children is considered is if the parent is actually paying child support for the other children.  For example....Dad is paying child support for a child and then remarries.  While remarried he has another child with his current wife.  They are still married.   This would not be considered in determination of child support.

[wife1]

That was definatly one major thing I needed to know because we have 2 children together, and I believe it is either 17 or 22% of his income that they go by.

[MixedBag]

if dad is in the original state, then jurisdiction SHOULD stay.

i say should, because there are a handful of folks here who lost that argument.

WHY?  because when she denies parenting time, court for dad is local, and court for her costs money to appear.

otherwise, it would be the other way around.....and when a long distance CP denies time with the child, it's really Expensive in terms of travel costs to get the order enforced and stuff, and that takes time too.

CS should also stay....

[wife1]

I really appreciate all the help and advice from everyone. thanks guys