Child Support


#1

I started filing child support in AZ where my husband and the baby lived together before we both moved to seperate states. I moved to NC and he moved to TX. The child hasnt been to TX and my child support case is still ongoing in AZ. My husband leaves in dorm at one university in Texas where he works and so it has been hard for him to be tracked for his physical and/or mailing address thus slowing the process. I have been in NC for a year now and I need to file a new child support and custody in NC. Is this possible?

Also, I want my child to get her passport but the dad has refused to consent the child to get passport upto now? what do I need to do since I haven’t filed for divorce or sole custody of the child yet?

He is also refusing to sign any seperation agreement even if we agree on things over the phone but he wouldnt sign anything written.

Lastly, can my husband ask for alimony if I make three times more money as he does? we seperated long before I got my current job and it has been 18 months now. He signed a free trader which had the date we seperated and so he cannot contest the seperation date anymore.


#2

If there has been a hearing in AZ on child support, then AZ now has continuing jurisdiction until this state releases the case. Jurisdiction in child support cases is proper in the state where the payor lives. This means that actually you need to pursue chuld support in TX.

Without an agreement or order specifying what needs to happen with important documents relating to the child, you will need to have the consent of both parents to get the passport for the child. Your best option at this point is probably to file for custody in NC (since the child lives with you here) and you could then file a motion for judicial assistance and seek the court’s help in the form of an Order requiring your ex to sign the passport documents.

If he refuses to sign a separation agreement then you will need to file everything with the court. All equitable distribution, child custody and child support claims need to be filed. You will lose all rights to ED if you don’t file before the divorce is final, although child custody and child support are not affected by the divorce.

He can claim alimony if he was the dependent spouse during the marriage. The court will look to the standard of living of the parties during the marriage, not what your standard of living is now. So, if your income has increased dramatically since separation, but you made about the same while married, he will not be awarded alimony. Good luck to you.