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Can You Change Venue for a Spousal Support Order if You Move After Divorce

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  • 06-09-2015, 11:50 AM
    ThisIsHowWeRoll
    Can You Change Venue for a Spousal Support Order if You Move After Divorce
    I was divorced in the state of Alabama. We lived in the state at the time and I was ordered to pay spousal support. Several years have passed and I have had a material change in my financial ability. I need a modification of the spousal support order. Neither parties now live in the state of Alabama. Is it possible to have the judgement moved to the state where I currently reside, i.e. North Carolina? Is it tactically a good move to do so or will I open myself up to more financial responsibility.
  • 06-09-2015, 02:16 PM
    Taxing Matters
    Re: Change of Venue from One State to Another
    Quote:

    Quoting ThisIsHowWeRoll
    View Post
    I was divorced in the state of Alabama. We lived in the state at the time and I was ordered to pay spousal support. Several years have passed and I have had a material change in my financial ability. I need a modification of the spousal support order. Neither parties now live in the state of Alabama. Is it possible to have the judgement moved to the state where I currently reside, i.e. North Carolina? Is it tactically a good move to do so or will I open myself up to more financial responsibility.

    The issue here is not one of venue but of jurisdiction; that is, which state now has jurisdiction over spousal support? Not knowing in which state each you now reside and how long each of you has lived there, it’s not possible to say where an action to modify the support can be brought at this point. You might want to consult a local family law attorney about that.
  • 06-09-2015, 02:33 PM
    ThisIsHowWeRoll
    Re: Change of Venue from One State to Another
    For clarity, she resides in Illinois and I reside in North Carolina. Each person is a resident for two years in their respective state. It seems to me that I should be able to petition the court and request such a change.
  • 06-09-2015, 02:36 PM
    Mr. Knowitall
    Re: Can You Change Venue for a Spousal Support Order if You Move After Divorce
    Quote:

    Quoting ThisIsHowWeRoll
    View Post
    Is it possible to have the judgement moved to the state where I currently reside, i.e. North Carolina?

    Unless your ex- also lives in North Carolina (and she does not), all other issues aside, that's not going to happen over her objection.
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