My question involves child support in the State of: Im not sure. I got divorced in TN, the children and their mom moved to Arkansas. I am now retiring from the military and will be moving to CA. What state will have jurisdiction? Arkansas? since they live there? And is there anything I can do ahead of time? Before I actually get a job? Which I beleive is going to be about 15-20k less than now. Also mother choses not to work and has been living in a "marriage like" relationship since seperation.
Jurisdiction for Modification of Child Support
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07-04-2013, 01:10 AMmikelambertJurisdiction for Modification of Child Support
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07-04-2013, 01:12 AMDogmatiqueRe: Modification/Jurisdiction
Was child support addressed in the divorce?
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07-04-2013, 07:47 AMMr. KnowitallRe: Jurisdiction for Modification of Child Support
If the most recent child support order is out of Tennessee, then Tennessee continues to have jurisdiction. You would be able to petition for modification in Tennessee or, if you wanted to change jurisdiction, could explore the possibility of transferring jurisdiction to Arkansas. If you petition to transfer the case, I would check how the Arkansas child support formula compares to Tennessee's formula - you would have an argument for continued calculation under the Tennessee formula, but you would want to consult a lawyer local to the litigation to see whether, under the facts and with you being the petitioner, the court might apply a different formula (either on request or on its own initiative) based upon the fact that no party has any remaining connection to Tennessee.
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07-04-2013, 04:43 PMgator1Re: Jurisdiction for Modification of Child SupportIf original child support orders are from Tennessee, dad lives in California and mom and children in Arkansas, then Tennessee no longer has jurisdiction to modify its child support order.Quote:
Quoting Mr. Knowitall
Unless dad is a resident of Tennessee at the time of filing a modification, his only options are to move to change jurisdiction to Arkansas where mom now lives on his own, or have mom agree to change jurisdiction to California, or have mom agree for the record that TN may continue to exercise jurisdiction
Quote:
TN 36-5-2205(a)2 Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
Quote:
In Earls v. Mendoza, No. W2010-01878-COA-R3-CV - Looking to courts of other states as well as previous appellate cases in Tennessee, the court noted that "virtually all have concluded that, once the parents and their minor children have left the issuing state, that state no longer has jurisdiction to modify its order."
http://www.tennesseedivorceattorneyb...-relocate.html
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07-05-2013, 10:53 AMllworkingRe: Jurisdiction for Modification of Child SupportYou stated that you are "retiring" from the military. Your retirement income will also factor into the calculation for child support. It won't be based solely on your civilian wages. You can have mom imputed an income in the calculation as well, but its unlikely to be much more than 40 hours a week at minimum wage, unless she has a fairly recent history of earning more than that.Quote:
Quoting mikelambert
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07-05-2013, 02:48 PMgator1Re: Jurisdiction for Modification of Child SupportNOT if mom does not agree to allow TN to have jurisdiction. This would leave dad with the only option of moving jurisdiction to mom's home state of Arkansas, which is not an 'income shares' state but a 'percent of obligors income' state.Quote:
Quoting llworking
http://m.ncsl.org/issues-research/hu...-by-state.aspx