My question involves child support in the State of: Maryland
Can my ex collect child support if neither of us live in the state that issued the support order?
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ExpertLaw Forum - Help With Your Legal Questions
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My question involves child support in the State of: Maryland
Can my ex collect child support if neither of us live in the state that issued the support order?
The general answer is "yes".
An intelligent hell would be better than a stupid paradise - Victor Hugo
Do not microwave grapes
So even though she moved to Kansas from Maryland at an unknown date possibly a yr or longer ago without any notification to me or the court system, there's nothing taht can be done about the money she has collected?
Also I had filed for a modification the support amount due to my income decreasing by more than 2/3 (went from making $70000+ a yr to minimum wage). The Dept. of Human Resources in my home state of Alabama file the modification packet and received a signed confirmation from a MD court clerk(the document bares her signature). I called the court to find out had the mod been processed and I was told that there was nothing in the system regarding a modification. This went on for 7 or 8 months until I was told to resubmit a new modification. By this this my pay had increased. So after the modification was filed and recorded I was mailed a copy for my records by the court and guess what I received, a copy of the first modification that was supposedly never received. The second modification was denied because my ex had moved to Kansas unbeknownst to myself or the court.
Is there action that I can be take against the court being that I have proof of the original modification being submitted and received by the court and them claiming to not have received it?
And also can I do anything about the child support payments that my ex is receiving for the state of Maryland even though she lives in Kansas and will not have the case transferred?
It doesn't matter where she lives - she's still entitled to child support.
(Is there a reason why you didn't know she relocated and when? Do you actually see your kids? )
You can't take any action against the court. If you disagreed with any decision metered out by the courts, you had a time period during which you could have appealed (in all likelihood). If you didn't, that's on you and not the court.
I'm not entirely sure what you want to accomplish here, Dad. No matter where Mom lives, you're obliged to support your kids. All Mom has to do is domesticate the case to wherever she's living.
What is it you want to do?
An intelligent hell would be better than a stupid paradise - Victor Hugo
Do not microwave grapes
Lets get something straight here, the issue is not the paying of support. I was taking care of my son before the order, that's not the problem. My question is can she continue to receive payment on a order set by the state of MD even thought she lives in KS now and has notified the MD court but refuses to transfer the case to KS.
As far as her moving to KS, she just up and moved there for a job and notified no one about the move. I found out about the move 3 months ago, but apparently she has been in KS for all of this yr and possibly longer.
I don't get to see my son because I live in AL. However I filed a petition for joint custody so I could keep him part of the year, but she refused to be served.
There was no decision metered out by the court regarding the original motion that was claimed to have never been received. Like I said I have signed receipt from the court clerk there and a copy of the motion that was mailed to me verifing that the original motion was received but I was given the run around for almost a year, even the case worker was giving me the same run around. I found out few months ago that she was removed from my case for unknown reasons.
I need to know if there is anything I can do on my end to get joint custody and get the amount of money I have to pay reduced since my income has changed significantly. Because right now as it stands I'm stuck pay a ridiculous amount of money based on a salary that I had nearly 3 years ago and I don't get to see my son at all. All the motions and petitions I filed got defeat by the court because the ex moved and refuses to transfer the case to KS so any action can be taken. The MD court said that it no longer has jurisdiction in the case because she stated that she was transferring the cast to KS but has yet to do so.
You could file the appropriate petitions to transfer jurisdiction to KS as a part of a simulatanerous petition to modify your child support obligation.
It is not solely your ex's responsibility.
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