How Does the Fact my Ex and I Both Moved Out of the State Where we Divorced? How do I File for Modifications of Child Support?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“When my ex-wife and I separated/divorced we lived in AZ. After it was final I moved to North Carolina. Our child support agreement is through the state of AZ. She has recently moved to Phily. What happens to the court order? Do I need to file and start the process over in Phily, or does it automatically carry over from AZ to Phily?”It is unclear what you are asking here. Are you asking whether the child support order is still enforceable even though it is from Arizona, and you are now in North Carolina and the mother is in Philadelphia? If that is your question, the answer is “yes”.

Question: If, on the other hand, you are asking how you would go about modifying the order, that is slightly more tricky. Depending – a great deal – on the actual facts, you may be able to file right there in North Carolina, or even in Arizona. That said, mom is likely to request a change of venue and that Pennsylvania take jurisdiction, based on the children being there, and PA is likely to say yes.
Answer:
All in all, you should consult with an attorney North Carolina, and in Arizona, and see what each of them says after hearing all the facts.