I have sole custody of our son, receive minimal support – he quit his job during the divorce. Texas based the child support on a minimum wage salary, although he holds two college degrees.
At the time, I agreed to carry insurance and he would reimburse the $35/month for the premium – which was the rate 15 years ago. Now it is close to $250/month for insurance on my son.
In total I receive $235/month and we are to split are medical costs 50/50-- which he refused to do.
We both now reside in NC and he pays me directly.
Over the past few months, my ex has started threatening to quit paying support. Tells me that nothing can be done to him since the order is In Texas.
I really need to know how to petition NC for Jurisdiction and to see if it can also be modified.
I know if he receives wind this is being done he will once again quit his job and start hiding assets.
Pursuant to the Uniform Interstate Family Support Act (UIFSA), Texas no longer has continuing exclusive jurisdiction over your child support matter. First, you must take steps to register the Texas order in North Carolina. After the order is registered here, because all parties live here, NC will gain continuing exclusive jurisdiction over the matter and will have the ability to modify the order. Keep in mind that the North Carolina court cannot modify any aspect of the order that a Texas court could not alter. For instance, if the Texas law regarding duration of the obligation is different from the North Carolina law, North Carolina can only rule within the bounds of Texas law.
Our statutes provide the following instructions on how to have a child support order from another state registered here in NC. Read through the North Carolina General Statutes 52C-6-602 to learn about the procedure.
Once your order is registered you will need to file a motion for modification and the North Carolina court will modify your existing order so long as grounds for modification have been established.