child support jurisdiction? To move or not to move.that is the Q

[mom4good]

Court next week over visitation and custody matters..you already answered that question. However, Bm has sent a counterclaim and asked that our court here in GA modify the child support amount. She lives in NC, who has jurisdiction over child support and we recently asked for a modification. Our attorney said that b/c she asked GA to do such, we could, if we want, move jurisdiction here.

1. She owes 9,000 in arrears and NC only asks her to pay $21 on such and $192 on child support. Either state will up her amt for child support, so would she be getting it easier to move it to GA? The state child support calculators state about the same amt would be ordered from either state.

2. What should we do?

[socrateaser]

I believe that your attorney's analysis is incorrect as a matter of law. Under the Uniform Interstate Family Support Act, A State that has issued a child support order retains continuing, exclusive jurisdiction over child support, "until all of the parties who are individuals have filed written consents" with the tribunal of the controlling state to allow "the tribunal of another state to modify the order and assume continuing, exclusive jurisdiction."

In short, even though the support obligor has requested that a GA court assume jurisdiction, an act that would ORDINARILY confir jurisdiction to the GA court, in this case, both GA and NC law expressly forbid the court from assuming jurisdiction until both you and she file a written consent with the NC court.

If everyone doesn't do this, then NC will later refuse to relinquish jurisdiction and there will be a battle between the States to garnish the obligor's wages.

I suggest you provide your attorney with my comments on this issue.

As a practical matter, it would be easier for the GA court to handle both custody and support simultaneously under GA law, however, in the event that you wish to enforce a contempt order against the obligor parent, it is always easier to do this in the court of the State where that parent resides. Anyway, them's the facts -- the decision, as always, is yours.