Support order in Virginia, child now resides with Non-custod


#1

Currently there is a support order in Virginia for my daughter where she lived per our joint custody agreement. Recently she has moved to Raleigh, enrolled in school, and the previous custodial parent agrees with the action.

Only one month has passed.

Since my daughter now resides in NC can I file for support and custody modifications in a NC court? I understand that there is a reciprocity of sorts with the family courts regarding support and custody. I am greatly concerned about the added expense, loss of income from traveling to/from VA for any court dates as money is very tight. I am now supporting my teenage daughter and I am still remitting support via payroll garnishment to the VA parent.

To further complicate matters I am separated for 8 months from my second spouse. I have 50/50 custody with no support order in place. Can I file something to establish a support and spousal support order during our separation as well?

Is this at all possible?

  1. Get support and custody mod on a VA order in a NC court.
  2. Get a support and spousal support order in place while separated when neither party can agree to any amounts?

Thank you for your assistance in this matter.


#2

If the initial custody determination was made in Virginia, Virginia has what is known as ‘continuing exclusive jurisdiction’ over child custody matters until all parties have left that state. If the other parent still resides in Virginia, then Virginia is the proper jurisdiction to seek a modification of the existing order. If all parties vacate Virginia, then you can petition for North Carolina to have jurisdiction.