If a Parent Moves Can He Get Child Support Lowered by the New State
My question involves a marriage in the state of: California. I was divorced in California and given 50/50 legal/physical custody of my son. I now live in Texas and my EX and son now live in Louisiana. We both agreed to move, so the custody orders were not changed.
Problems are:
I pay too much and need it lowered.
Custody papers were written giving me a schedule and my EX "the rest of the time". I was told that in TX and LA, that makes her Primary. Adult abuse has occurred in the home since my son moved there and it is affecting him. I need my son to be with me.
- How can I move my case to Texas?
- How do I get the Alimony/Child Support changed?
- How do I change the Custody agreement.
Re: Divorced in Ca. Need to Move Case to Tx
Quote:
Quoting
Scott Carter Merritt
My question involves a marriage in the state of: California. I was divorced in California and given 50/50 legal/physical custody of my son. I now live in Texas and my EX and son now live in Louisiana. We both agreed to move, so the custody orders were not changed.
Problems are:
I pay too much and need it lowered.
Custody papers were written giving me a schedule and my EX "the rest of the time". I was told that in TX and LA, that makes her Primary. Adult abuse has occurred in the home since my son moved there and it is affecting him. I need my son to be with me.
- How can I move my case to Texas?
- How do I get the Alimony/Child Support changed?
- How do I change the Custody agreement.
You cannot move your case to TX. The child resides in Louisiana therefore that is where the case would have to be moved.
Alimony may not be able to be changed. Child support can only be changed if your income has decreased involuntarily...or other factors in the standard child support calculation have changed.
Can you prove your allegations regarding adult abuse and prove that the issue is negatively affecting your son?...with hard evidence?
Also dad...its a bit problematic for you that you are asking questions about lowering alimony/child support with one breath, and questions regarding custody with the other. It tends to make it seem as though money is your primary motivation. If your son is truly your priority, you might want to drop any issues of alimony/child support for now.
Re: Divorced in Ca. Need to Move Case to Tx
llworking, thank you for your comments.
There have been two arrest records filed since my son has moved in with here 05/2013. One against her and one against her live-in boyfriend. The boyfriend is currently serving a 6 mo sentence for his because it was Domestic Violence against her. My son wasn't there, but there fighting is definitely affecting him! I'm trying to get him out of there, but cannot afford a lawyer.
I mentioned the Alimony/Child Support because the CA case did not put a time limit on anything and LA is MUCH cheaper than CA.
Re: Divorced in Ca. Need to Move Case to Tx
Sorry, but unless there is actual harm (or a threat of harm) you're not going to get custody changed.
Of course kids are affected by adults arguing - that's part of being a kid though.
The other thing is that you're not just wanting custody (which I don't see happening), but you're also asking for the court to approve an out-of-state relocation.
You've mentioned nothing that would indicate a change in alimony and/or child support either.
Re: Divorced in Ca. Need to Move Case to Tx
Quote:
Quoting
Scott Carter Merritt
llworking, thank you for your comments.
There have been two arrest records filed since my son has moved in with here 05/2013. One against her and one against her live-in boyfriend. The boyfriend is currently serving a 6 mo sentence for his because it was Domestic Violence against her. My son wasn't there, but there fighting is definitely affecting him! I'm trying to get him out of there, but cannot afford a lawyer.
If the boyfriend is in jail then you have absolutely nothing. For at least the next six months there is nothing to affect your son. Plus, he wasn't present when the domestic violence happened.
Quote:
I mentioned the Alimony/Child Support because the CA case did not put a time limit on anything and LA is MUCH cheaper than CA.
Alimony and child support are not based on the cost of living. You are not going to get lower child support because mom and the child are living in a state with a lower cost of living. It just doesn't work that way.
If the Louisiana courts were to decide to use TX child support calculations since you are a residence of TX, your child support would be a flat percentage of your income.
Re: Divorced in Ca. Need to Move Case to Tx
Sorry for taking so long to reply...
As I stated, I was awarded 50/50 legal/physical custody in CA. The problem is that TX and LA don't use that. They usually choose 1 Primary parent. The custody papers were written giving me a schedule and my EX "the rest of the time" (which actually was just the other 50% of my son's time). I was told by a TX attorney that in TX and LA, that makes her Primary.
I need my case moved to either TX or LA (if that is where it needs to be moved) and cannot determine how to do this myself.
I want to know what my ACTUAL custody rights are.
I know that TX and LA do no usually grant Alimony and when they do, it isn't permanent. So I want to have that modified.
Re: Divorced in Ca. Need to Move Case to Tx
Why are you posting using your real name??? It took me less than 30 seconds to find you on FB. Change your username, then contact an attorney and set up a free consultation. Many family law lawyers provide them.
ETA: I only checked because it seemed as if you actually had used a real name here. NOT a good idea if your ex googles your name.
Re: Divorced in Ca. Need to Move Case to Tx
You pay according to the original state's order.
In other words, you don't get to "forum shop" because you don't like the rules in CA.
Re: Divorced in Ca. Need to Move Case to Tx
Quote:
Quoting
Scott Carter Merritt
Sorry for taking so long to reply...
As I stated, I was awarded 50/50 legal/physical custody in CA. The problem is that TX and LA don't use that. They usually choose 1 Primary parent. The custody papers were written giving me a schedule and my EX "the rest of the time" (which actually was just the other 50% of my son's time). I was told by a TX attorney that in TX and LA, that makes her Primary.
I need my case moved to either TX or LA (if that is where it needs to be moved) and cannot determine how to do this myself.
I want to know what my ACTUAL custody rights are.
I know that TX and LA do no usually grant Alimony and when they do, it isn't permanent. So I want to have that modified.
How are you exercising a 50/50 timeshare when you live in two different states?