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What Are the Laws and Rules of the Forum State

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  • 09-04-2015, 08:58 AM
    fallout
    What Are the Laws and Rules of the Forum State
    My question involves child support in the State of: multiple
    "the procedural and substantive law of the forum state should govern in establishment and modification proceedings" -what does this mean?

    Does that mean the state the custodial parent lives in is what governs the child support calculations(modifications) and the non custodial parents state is irrelevant?
  • 09-04-2015, 09:18 AM
    Taxing Matters
    Re: "Law of the Forum State Should Govern in Establishment" What Does That Actually M
    Quote:

    Quoting fallout
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    My question involves child support in the State of: multiple
    "the procedural and substantive law of the forum state should govern in establishment and modification proceedings" -what does this mean?

    The “forum state” is the state in which the support action is brought. That phrase then means that the procedural and substantive law of the state in which the action is brought (filed) is the law that the court would apply. It’s pretty much always the case that the court in which a case is filed applies its own procedural law (the rules regarding when and how things are done in the lawsuit). What can differ in some cases is the substantive law tha applies. It is the substantive law that determines how much child support is owed, how long it lasts, etc.

    Quote:

    Quoting fallout
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    Does that mean the state the custodial parent lives in is what governs the child support calculations (modifications) and the non custodial parents state is irrelevant?

    One would need to look at the entire set of rules of the state where the action is brought to determine the answer to this. Generally in child support proceedings jurisdiction, which determines what courts may hear a particular proceeding, is determined by where the children have lived for the previous six months. Since the kids generally live with the custodial parent it is typically in the state where the custodial parent has been living that the child support actions are brought. And using phrase you mentioned above, it would be that states law that then determines the support paid. This makes sense because costs of living and supporting a child vary from state to state and the state law where the child lives and needs support is the most logical law to apply when deciding what support the child should receive.

    But it is critical to review the exact law of the state where the action is to be brought to determine whether the suit may be filed there in the first place and what rules are going to apply to that lawsuit. Each state’s rules are different.
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