Out of State Move and CSE Modification


#1

My ex-wife brought a child support order to the NC courts, and I voluntarily signed the support order. It was originally based on a 50/50 custody arrangement. The court-ordered child support has been in place for less than a year, as other arrangements were in place prior to the formal court order. I have since moved out of state, leaving the children in the custody of my ex-wife in NC. But, without notice, she also moved out of state (not to the state where I am), yet is trying to get the NC courts to increase her child support amount, even though nobody lives in NC anymore. Her move with the children out of state happened more than six months ago.

Does NC still have jurisdiction to modify the existing NC child support order, even though both parties no longer reside in NC? And what should I do in response to NC CSE request for information from me to modify the order? I don’t think they have any idea that she is not living in NC anymore.

Any help would be greatly appreciated!


#2

You have a case for filing a change of jurisdiction for child support. Jurisdiction should now be in the state where the children currently reside. You will need to file for a change of jurisdiction there. I’d contact whatever child support agency is in that state in order to get information on how to proceed.

NOT AN ATTORNEY


#3

Thank you for the response. I am actually interested in leaving things status-quo, as there are other complications regarding the child custody/support situation. I was just wondering if NC would proceed with a child support modification on the custodial parent’s behalf despite the fact that she no longer lives in NC?


#4

The NC CSE would be more than happy to drag you into court and take your money. So, yes, they will do a modification.

And if you don’t have the money to enforce visitation the government will not help you there.


#5

She no longer lives in North Carolina, she is no longer a resident of North Carolina. The children are no longer residents of North Carolina. It has been well over 6 months since anyone was a resident of North Carolina. How can they modify child support if the children are not within their jurisdiction?


#6

She can file for a modification, but you can bring up to NC CSE that both of you have lived out of state for more than 6 months so her claim is invalid. They will probably give you advice on how to proceed next, but it’ll take one of two routes: either you will have to file paperwork with them to transfer jurisdiction of child support to another state, or, you’ll have to file suit with the courts to transfer jurisdiction to the current home state of the children.