If a final order has been given by the court in NC on a child custody/support case and both the parents and children have lived in the state of FL for over 2 years, do I need to petition the court in NC for a change of venue or to release their jurisdiction over the case or does NC automatically no longer have jurisdiction over the case which means I can just go ahead and file my court paperwork in Florida?
You should register the current Order in your current state and make a showing that all parties now reside there.
Our divorce was final in 2005 in CA, NCP was ordered to pay far below guideline min of $900 for 2 children (based on $6,000 p/mo income). We’re both since remarried & both accepted military transfers, NCP to VA, CP to NC. CS Mod was heard in CA in 11/07 & NCP was ordered to pay guideline min at that time. A Change of Venue was also heard at that hearing. Since that Mod, he registered the CA order in NC & took me to court to modify the 07 order. A judge found no change in circumstances. Just this week I get another motion to mod in the mail. Herein lies the question, per Continuing Exclusive Jurisdiction, I lost CJE when all parties moved out of the state of CA however, NCP moved back to CA in May 2010 & resides there now. Do CEJ rules go back into effect if I file for a Change of Venue since a party to the original state moved back? It’s also important to note that my current husband is up for promotion, we won’t find out if he’s being promoted until early February 2011 and if he is to be promoted, we’re asking for orders to CA and would be moving summer of 2011. He does have a change in circumstances, he’s had a child. In NC they don’t care if you see your kids & the guideline min is well below CA. He’s forcing this because our son said we’re moving to CA this summer & he wants NC to change the guideline amount. Once it’s heard, I can’t go back for a Mod for 3 years w/o change of circumstances.
Btw, it was a surprise to me to learn my case was deposed of in CA since I never received anything from the Court or a judge. Per his new motion to Mod, his attorney states “currently under CA c/s order” & “respondent filed case with NC in Jan. 09”, it doesn’t say NC retains jurisdiction.
Largest concern is that his Mod will be heard and I need a good argument for a judge to hold off on hearing his Mod until the Change of Venue is heard first.
FINALLY (sorry)- Please straighten me out under CEJ. Depending on who you talk to, Change of Venue which is what was filed on his behalf in 07 is what go this case brought to NC. How is that possible if COV applies to county to county cases? Do I need to cite anything with regard to CEJ in my filing or just state that one of the parties has moved back to the issuing state and child support should stay and be heard where the payor lives?
Any advice at this point is helpful. I need to do some research before I start making some decisions that impact the upcoming years.
Fight the NCP’s Motion to Modify by getting my case transferred on jurisdiction grounds first? CS stays with payor right?
Thank you for your time.
If the last hearing was in NC, NC now has continuing jurisdiction until this state releases the case.
Change of venue refers to counties within a state, and is a right only the defendant can assert at the inception of a case, your issue is about jurisdiction, not venue. What brought the case to NC was the registration of the Order.
Jurisdiction in child support cases is proper in the state where the payor lives.
Thank you for such a prompt response Erin. I feel a little more assured, and a little less sick to my stomach, being told that one of the opinions given to me turned out to be fact vs fiction.
If it’s not a Change of Venue, what Motion am I expecting to ask the judge to hear? His was granted on a Change of Venue.
Should I file immediately citing payor now resides in CA and jurisdiction should lie there (and is also the state where our action was originally filed)
Yes, you are moving pursuant to rule 12(b) of the NC Rules of Civil Procedure to dismiss the NC action for lack of jurisdition.
The military won’t issue orders for our move until 60 days prior to the move (we hope to move mid summer) so we wouldn’t have orders in hand until approx. mid-May. Court date is Jan. 14th. I need to move fast.
Without any concrete proof, beyond our intention and talks we’ve had with the military personnel who decide our fate, we have nothing to show a judge that CA is where we’re putting in for.
Based on that, I’d like to state that our future in NC is uncertain past May.
Is there a subsection of the code I can cite based on the following “Jurisdiction in child support cases is proper in the state where the payor lives”? I believe for the immediate time since the payor is already residing back in CA it’s a better case for the judge to hear.
One last thing, does it matter that I have a MO drivers license and am registered to vote there, I pay no state taxes making me a non-resident resident brought here due to military orders?
thank you for your patience. I need as much education as quickly as I can get it. Concerned that NC will want to hold onto jurisdiction and I don’t really know what is considered a valid argument for a judge to consider letting it go back where it belongs.
I am sorry if I misunderstood earlier, jurisdiction is proper in the state where the payor lives at the time of the action or hearing, the court will not release or grant jurisdiction based on a pending military order.
Your residence is in MO.
I think there may have been a slight miscommunication on my part. The NCP, my ex husband, is military as well and he has already received his orders and is back living in CA. Since he is the payor, that was my question- would that be considered grounds for requesting the jurisdiction be transferred since the child support stays with the payor?
As the CP, I’m remarried to another person in the military and we’re currently awaiting orders to CA.
Yes, he may move to have the case transferred back to CA.
Can I move to have the case moved back to CA as the CP? NCP won’t want this case transferred back to CA where he lives.
Original order issued in CA, modified in CA Dec. 2007. NCP moved to VA (military orders) CP moved to NC (military orders) Entry of Foreign Order entered into NC Jan. 2009. NCP moved back to CA May 2010 and filed Motion to Mod in Dec. 2010.
We’ve established I’m not a NC resident, I’m a MO resident. I don’t know if that will have any bearing on a Judge’s decision, should it be presented?
One last question, should I transfer my CSE case from NC to CA since payor moved to that state? If so, does that have any bearing on where an order is enforced or slowing down his Motion to Mod here?
Yes, either party can assert jurisdiction is improper and request the case to be moved to the proper location (state the payor resides). Your residency only further supports the fact that NC should relinquish CEJ.
The case should be moved to CA, and will likely be delayed as it was to be heard here next month.
Excellent advice, thank you. With that I beg one more question,
NCP was granted his Motion for a Change of Venue in CA, however I thought COV’s are county to county, not state to state. When I called the CA Family Court I was told that the Order “dispositioned” my entire case from CA. How is it possible for NCP to get the wrong Motion put before a judge and get it approved ??
Came across this and would like to know if we fall under the controlling order classification since Obligor returned to the State (and same county) that issued our one and only order?
There is a distinction between “controlling order” and “continuing, exclusive jurisdiction” to modify. If there is only one support order, that is the controlling order. It is enforceable in any State where the obligor is located or has income or assets. It remains the controlling order even if no individual party or child lives in the State. If the obligor, obligee, and child have, however, left the State that issued the controlling order, the issuing State lacks CEJ to modify the order.
I acknowledge we all resided in same state then moved. Only variable that applies here is that the Obligor returned. Very last post, promise!
You’ve been extraordinary sharing your knowledge. Thank you
I have no idea how the CA courts work, or why they moved the case. The order is enforceable in any state where it is registered and the CP lives.