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  1. #1
    Join Date
    Mar 2011
    Posts
    9

    Default What State Has Jurisdiction when Both Parties Relocate to Other States

    My question involves child support in the State of: DC

    My divorce was finalized in VA about a year ago. My ex lives in another state. I am considering moving to DC because child support goes to age 21 and I have a special needs child who is 17 and requires specialized treatment not covered by insurance or medicaid. SSI will only make a small dent in his treatment costs. In VA child support terminates at 18 unless the child is "permanently mentally or physically disabled." While I believe my son would qualify, the legal fees to take this to court, enlist expert witnesses, etc. would be through the roof with no guaranteed outcome. So if both parties are no longer living in VA where divorce was finalized and I (the custodial parent) move to DC, would the DC jurisdiction then preside?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Jurisdiction Presides when Both Parties Relocate to Other States

    That's actually not how it works.

    You can't go "forum shopping" like that - what you CAN do is file in the state where the original order was made, and request that CS be continued per VA laws. You've to request this before your son is 18 though.

  3. #3

    Default Re: What Jurisdiction Presides when Both Parties Relocate to Other States

    that the court may also order the continuation of support for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, (b) unable to live independently and support himself, and (c) residing in the home of the parent seeking or receiving child support;
    http://leg1.state.va.us/cgi-bin/legp...00+cod+20-60.3

    So, the cost of an interstate move is going to cost less than getting the child evaluated? I'm only assuming if the child is already able to draw disability as a minor, it should be simple enough to prove.

  4. #4
    Join Date
    Dec 2013
    Posts
    4

    Default Re: What Jurisdiction Presides when Both Parties Relocate to Other States

    I went through this exact thing. It's challenging. If both parties move out if the state with jurisdiction then jurisdiction fir a mod becomes in the non moving party's state. Nice huh? If your original order says support goes through 18 no matter what the other laws are in the new state they cannot extend the years support is to be paid no matter what. It's a federal interstate law.

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