I have been divorced 3 years. My ex husband just moved from NC to virginia. I moved from NC 2 years ago. I live in South carolina. I am taking my ex back to court. Will I be able to take him back to NC court where we originally finalized our divorce, ED and alimony claims or will the hearing now be forced to be moved to SC or Virginia?
What are you taking him back to court for?
increase in alimony support.
To increase alimony. Can it be kept in NC? He will insist on it not being heard in NC but I want to keep it there.
Yes, you may pursue the action in NC as the Order stands there, but he may attempt to move jurisdiction to his new home state.
Is there a good chance to keep it in NC although neither of us live there? what reasons would I be able to use? My attorney is in NC would that fact help me keep it there? What good reason would he have to present to move it?
If he moves to have NC release jurisdiction of the case it will. The Uniform Family Support Act says jurisdiction is proper in the state where the payor resides if no parties still live in the issuing state.
I would rather have it moved to SC than him move it to virginia as going all the way there would be costly for me. Could I seek to have it moved here or does the payor have all the rights about this matter? If i had it moved here to the state i live in could he still turn around and have it moved there?
I’m not sure which question the “yes” applies to? I could have it moved or the payor has all the rights or he could turn around and have it moved again if i did ?
He can have the case moved to the jurisdiction in which he lives.
Can i have it moved to where i live?
The law states that the proper forum is the state where the payor lives.