In anticipation....

[kaylene99]

Hi Soc,

My husband is an active duty military member stationed in GA.  His divorce was done in GA.  We live in FL and so do the kids and the ex wife.  There is a chance that his next duty station will be in CA.  Nothing is 100% certain at this point, but I'm starting to anticipate what this change is going to bring about with regard to ex wife and the kids.

1. Child support from GA was never modified so it still stands as originally ordered.  If the ex wife chooses to modify that once we moved to CA, who holds the jurisdiction?  Will CS be based on CA or FL law?  I know nothing about CA law.

2. The current/orig divorce order states that husband is responsible for 100% of transportation (which he fulfills).  Unfortunately, this order was not modified when ex wife moved from GA to FL.  Am I correct to assume that, since he will be the moving party this time, he will continue to be 100% responsible for the kids' transportation during his time with them?  Any chance the court will favor a 60-40 or 70-30 split?

3. Ex wife wanted to relocate minor kids outside of the country before.  Husband fought and won against it.  If ex wife decides to re-litigate that issue on the ground of husband moving to a different state, what are her chances of winning?  How can we successfully prevent such relocation of minor kids in this situation?  The way I look at it, we will have even LESS time with them moving from FL to CA -- and even LESS than that if they are allowed to move to a different country.

That's it for my questions for now.  I'm sure I'll have more later.  Thanks again for all your help!

[socrateaser]

>1. Child support from GA was never modified so it still stands
>as originally ordered.  If the ex wife chooses to modify that
>once we moved to CA, who holds the jurisdiction?  Will CS be
>based on CA or FL law?  I know nothing about CA law.

If ex chooses to modify, then she can file in FL, but FL will have to communicate with CA and CA will modify the support order.

>2. The current/orig divorce order states that husband is
>responsible for 100% of transportation (which he fulfills).
>Unfortunately, this order was not modified when ex wife moved
>from GA to FL.  Am I correct to assume that, since he will be
>the moving party this time, he will continue to be 100%
>responsible for the kids' transportation during his time with
>them?  Any chance the court will favor a 60-40 or 70-30
>split?

Once all parties live somewhere other than where the original order was made, the court will probably adjust transportation to fairly represent the parties' respective income and responsibilities.

>3. Ex wife wanted to relocate minor kids outside of the
>country before.  Husband fought and won against it.  If ex
>wife decides to re-litigate that issue on the ground of
>husband moving to a different state, what are her chances of
>winning?  How can we successfully prevent such relocation of
>minor kids in this situation?  The way I look at it, we will
>have even LESS time with them moving from FL to CA -- and even
>LESS than that if they are allowed to move to a different
>country.

A new custody action would be based in FL, and FL law would control. I can't give you odds on winning an out-of-country move away, but as a general rule, the court will deny any move out of US jurisdiction, if the child(ren) are U.S. citizens.

My answers above were generally applicable to anyone. If you have specific questions about your case, you must adhere to Forum Guideline rev. 1.5, section 10, or I won't answer.

[kaylene99]

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