“My ex husband and I divorced in Michigan and the court ordered him to pay support on 2 of our daughters. We had it arranged so that he would pay me directly. He has now moved to Boston and I live in Washington state. He claims that he is going to pay me $125.00 less per month since the taxes in MA are so high. I am tired of him calling the shots and would like to put it back in the hands of the state. My question is, which state?”

As of right now, the order in Michigan is still valid. So if he pays less than the ordered amount, a contempt action can be brought in the court that made the order (Michigan court). Either party can make a motion to change venue, since neither of you lives in Michigan anymore. You might just file for support with your local support collection agency, but unless he submits to the jurisdiction of the Washington Court, as the payor, he can likely insist on having the support set based on where he lives, Massachussets. This amount may be higher, lower or about the same as Washington.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.