My husband and his first wife were living in Texas with their daughter when they separated in late 2005, early 2006. When they separated, my husband moved back to NC and the first wife stayed in TX. In 2007 the divorce decree with child support orders was filed (my husband was not present for any of the proceedings). It stated in the order that my husband’s rights for visitation was suspended until “he presents himself before this Court.” At the time the divorce was filed, my husband’s first wife was unemployed and attending school. Since 2007, she has moved to Idaho with their daughter, finished school and is now a registered nurse. Nothing in the order has ever been modified, including the child support. We believe that she has never reported moving nor her employment.
What rights does my husband have to change the jurisdiction of the child support? Can it be changed to NC? Can it be set up through the local IV-D Agency? Will her income affect the child support amount?
Child support will likely need to be changed to the state where the child is currently living.
In North Carolina, child support can be established through each county’s Child Support Enforcement agency…
Both parents’ current income must be determined in order to modify a child support order, so yes, the mother’s income will be counted and it will affect the child support amount.
I know my husband’s former wife is not going to do anything to change the jurisdiction herself since she has not lived in Texas since prior to 2011 (we just recently found out) and is probably concerned that her child support will decrease if she does. So should my husband go ahead and file the order here in NC with the clerk of court or does that need to be done in Idaho? We are unsure what he needs to do first to get his part established here in NC and the order out of Texas.
If the current order is in TX, your husband will need to have that order registered in another state in order to have it modified (i.e. decreased). He should probably call the TX child support agency or child support court, inform them that the child no longer lives in TX, and they may be able to assist in transferring the order, or to tell him what needs to be done according to TX law.
Filing a new child support action in NC would be inappropriate if there is an unexpired order in another state.