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Spousal Support Jurisdiction and Calculation when Both Parties Move States

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  • 06-09-2014, 01:39 PM
    Fred1970
    Spousal Support Jurisdiction and Calculation when Both Parties Move States
    My question involves a marriage in the state of: Texas and Indiana

    Situation:
    1. Married in Indiana. Never lived there.
    2. Lived in Texas for 12 years.
    3. Divorced in Texas.
    4. Spousal support and Child support was ordered in Texas.
    5. Wife is moving with children to Indiana.

    If I moved to Indiana (from Texas), would the Indiana courts be able to:
    1. Order different Alimony/Spousal Support from what was ordered by Texas Courts?
    2. Order modified Child support from what was ordered by Texas Courts?

    Texas ONLY has temporary support. Could Indiana order permanent support?
  • 06-09-2014, 01:52 PM
    CourtClerk
    Re: Spousal Support Jurisdiction and Calculation when Both Parties Move States
    If you're staying in TX, then no, TX law prevails. That's who has jurisdiction until they give it up.
  • 06-09-2014, 02:01 PM
    llworking
    Re: Spousal Support Jurisdiction and Calculation when Both Parties Move States
    Quote:

    Quoting Fred1970
    View Post
    My question involves a marriage in the state of: Texas and Indiana

    Situation:
    1. Married in Indiana. Never lived there.
    2. Lived in Texas for 12 years.
    3. Divorced in Texas.
    4. Spousal support and Child support was ordered in Texas.
    5. Wife is moving with children to Indiana.

    If I moved to Indiana (from Texas), would the Indiana courts be able to:
    1. Order different Alimony/Spousal Support from what was ordered by Texas Courts?
    2. Order modified Child support from what was ordered by Texas Courts?

    Texas ONLY has temporary support. Could Indiana order permanent support?

    Child support is always modifiable so Indiana could modify child support if you moved there as well. However, Indiana would not modify a TX spousal support order unless the order specifically states that its modifiable.
  • 06-09-2014, 02:06 PM
    jk
    Re: Spousal Support Jurisdiction and Calculation when Both Parties Move States
    If both parties are moving to Indiana the child support issue could be transferred to give Indiana jurisdiction.

    the spousal support will remain in Texas
  • 06-09-2014, 02:07 PM
    Fred1970
    Re: Spousal Support Jurisdiction and Calculation when Both Parties Move States
    I am strongly considering moving to Indiana.

    It's the spousal support that concerns me the most.
    I would not want my move to Indiana to turn a 3yr $xxx spousal support decision into at 18yr or longer $xxx spousal support decision or a $xxxx decision.
  • 06-09-2014, 02:11 PM
    llworking
    Re: Spousal Support Jurisdiction and Calculation when Both Parties Move States
    Quote:

    Quoting Fred1970
    View Post
    I am strongly considering moving to Indiana.

    It's the spousal support that concerns me the most.
    I would not want my move to Indiana to turn a 3yr $xxx spousal support decision into at 18yr or longer $xxx spousal support decision or a $xxxx decision.

    That truly won't happen. Indiana isn't that big on spousal support in the first place, and again, Indiana would not modify a TX spousal support order unless the order specifically stated that it was modifiable. I don't think that TX spousal support orders have that kind of language.
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