Modification of Child Support


#1

My divorce was final in NC back in 2009. We did not have attorneys during our divorce, since we handled it ourselves. Child support was recorded as a certain amount in 2009 in the separation agreement. At that time we were both in living in NC until 2011. My ex took another job in California and moved. I also moved out of state back home to Texas. We have not modified child support since then and I feel it needs to be modified. What steps do I need to take to have the child support modified? Can I modify through an attorney here in Texas or do I need to request the help of an attorney in NC?
Any help would be appreciated. Thank you.


#2

The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) governs jurisdiction when it comes to custody matters. Since your original child support award was set forth in a separation agreement, rather than a court order, there is no child support order in NC to modify, so to speak. You’ll be starting fresh, and getting a new order (not a modification), but first you need to determine what state has jurisdiction. Since no parties live in NC anymore, NC is not the appropriate place to pursue a child support order.

To learn more about the UCCJEA, read our article discussing which state has jurisdiction in custody cases.