Child Support Modification

[dad in az]

Hi Socrateaser:

I haven't been in here for awhile. just a quick recap:

Dad has custody of one daughter , Exwife has custody of the other one.
Exwife lives in FL  and we moved to Pa. Dh had an injury at work so now he makes less $$$ from $18/hr to $12/hr. Dh wants to get CS modified, it is currently $300 a month. He went to PA Child Support office to ask about modification and they told him , that FL would automatically get jurisdiction of the Child Support Case that he was better off modifying it with AZ where the CAse is originally from. Ex-wife told DH that she got a raise b/c she finished some classes, she works for Head Start program.

1. Should DH asks his exwife how much money she makes???
2.Can it be attributed based  on what SALARY.com says a teacher would make in her zip code??
3.The Child Support Office in AZ said she had to be served with the papers, how can he do that, when she's living in FL??


According to AZ, after she gets served she has 30 days to ask for a hearing if she doesn't agree, if not then they modify it automatically. DH tried to settle with her but it didn't work, she's using the CS as pay back.

Thank You so much.. PLease HElp

DAd In az

[socrateaser]

>1. Should DH asks his exwife how much money she makes???

He has the right to obtain discovery regarding all of her financial affairs. He can ask, but until a motion for modification of support is filed, he doesn't have a "right" to the info.

>2.Can it be attributed based  on what SALARY.com says a
>teacher would make in her zip code??

Assuming that you can demonstrate that salary.com is an authoritative, objective, competent source for such information, then you can ask the court to take judicial notice of the fact of their salary calculations. Otherwise, you will need an expert witness on employment compensation to testify.

>3.The Child Support Office in AZ said she had to be served
>with the papers, how can he do that, when she's living in
>FL??

This is absurd. If she's in FL and you're in PA, and there's no current support case filed, then you should file in PA. Find someone else at the PA office, because whomever you talked to is an idiot or they didn't understand the circumstances of the case.

>According to AZ, after she gets served she has 30 days to ask
>for a hearing if she doesn't agree, if not then they modify it
>automatically. DH tried to settle with her but it didn't work,
>she's using the CS as pay back.

If neither of you live in AZ, then AZ has lost jurisdiction to modify support, and whomever you spoke with in AZ is ALSO an idiot or they don't understand the circumstances of your case.

[dad in az]

3.The Child Support Office in AZ said she had to be served
>with the papers, how can he do that, when she's living in
>FL??

This is absurd. If she's in FL and you're in PA, and there's no current support case filed, then you should file in PA. Find someone else at the PA office, because whomever you talked to is an idiot or they didn't understand the circumstances of the case.


Socrateaser there is a Child Supprt Case filed but it is in AZ. Since Ex gave Az jurusdiction of daughter living with her then Child Support for both was fild over there using the whole "split custody" formula. WE are very confused. Don't know what to do or where to start..

1.Do we call AZ back or PA?? I thought Ex would have to file in FL (where she lives) and DH would have to file here (where we live). I can't belive such a mess just to get a modification.

Thanks
Dad in az

[socrateaser]

>1.Do we call AZ back or PA?? I thought Ex would have to file
>in FL (where she lives) and DH would have to file here (where
>we live). I can't belive such a mess just to get a
>modification.

This is the most complex law on planet earth. Maybe I'm the idiot. Anyway, after reviewing the law for the umpteenth thousandth time, it appear on your facts that if you wish to modify YOUR support obligation for the child who now resides in FL, then you must do so by filing for the modificaiton in FL.

This is because AZ has lost continuing, exclusive jurisdiction to modify support, as no parent or child remains a permanent resident of AZ. And, as soon as you file your case in AZ, you will immediately become subject to FL law for the purpose of modifying the other parent's support obligation for the child who lives with you in PA.

Conversely, if the other parent wanted to modify her obligation for the child who resides with you in PA, she would have to file in PA, and then PA law would control both of your ongoing support obligations, i.e., unless and until all of you moved to different jurisdictions again.

The only condition I would place on this, is that if you stipulated in some past support order to AZ retaining jurisdiction, even if none of you remained within the jurisdiction, then AZ law would continue to control.

You could certainly try to have AZ modify the order, but if AZ CSE has it's stuff together, then it will reject your application and direct you to file in FL.

Bottom line: go south young man, go south.

[dad in az]

OK, i think i am getting what you are saying BUt bare with me here.

1.If i go to FL to modify for daughter that lives there, What happens with the CS that ex is supposed to pay for daughter that lives here?

2.If absolutely nobody is living in AZ, can the AZ child support case be closed?

I am starting the think this is not worth the hassle.

Thanks
dad in az

[socrateaser]

>1.If i go to FL to modify for daughter that lives there, What
>happens with the CS that ex is supposed to pay for daughter
>that lives here?

You have the option of asking for a support mod for your daughter, and that support mod will be made according to FL guidelines, which I expect will be quite a bit more than AZ, so that might reduce your overall out-of-pocket even more.


>
>2.If absolutely nobody is living in AZ, can the AZ child
>support case be closed?

The AZ case will be terminated by operation of law, at the instant the final FL order is entered. Of course, AZ won't know this, and they will continue to annoy you and your ex, but if you send them a copy of the new FL order, then the AZ case will be closed.