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Transfer Child suppport order to another county?

Patsy's picture

Those of you who know my story know that my DH is about to be free of CS bc SD17 is married. This may seem strange but I want to see if we can transfer the current support order to another county. The county I want to transfer to is where both bios and SD live in. I am just not confident that the current county we live in will not screw this up for us. We looked into this years ago, but were told if the custodial parent doesn't have a problem with it they will not change it. Although I did hear that law has been changed. I have spent hours trying to look it up for the state of Indiana but I have had no luck. I want to transfer it then take in the marriage certificate and have it dropped. I feel the county I live in will handle it lawfully.

hereiam's picture

It is regulated by state law but where I live, you have to file at the correct county courthouse, the county where the CS order originated.

I wouldn't think they would change it unless the custodial parent moved and requested a change.

Rags's picture

Generally if either the CP or NCP lives in the state/county where the CO was issues it is difficult to transfer the CO to another county. Only if both parties have moved out of the issuing state/county will these things tend to happen somewhat smoothly.

You will likely have to initiate the action in the county where the CO is active and take your changes there. I understand your frustration. The bottom 10%er morons who tend to work in the departmetns that administer these things tend to be adept at keeping things in their black hole files so that they keep their jobs. Instead of actually doing a job effectively.

My DW moved out of her home state/county less than a year after the original paternity/custody/support order was issued and took SS with her. When we moved to Tx we could have initiated a change of venue since our county rules stipulated that a CO governing a minor child resident in the county for 6mos could be transfered to our county. However, our attorney counseled us that if the Sperm Idiot was still resident in the county where the CO was issued that he would have to agree to the change of venue. So, we just used moving the CO as a threat since his CS would have trippled in our state/county. His visitation would have trippled too but he was too stupid to research it so the fear of getting his CS trippled was a great tool for keeping him under control.

Good luck.

Patsy's picture

Both parents live in the same county. This is also the same county where SD was born. This is the county I want it moved to.
The CS order is in the county next to the one they live in.
My reasons to move it are:
The courthouse is 30 minutes closer for DH 10 minutes closer for BM

A "special judge" was called for the last hearing. BM did not fair well with the judge so she had it changed. This judge and courthouse is 2 hours away from both. The judge does not travel all parties travel to him. Attorney fees for travel time are ridiculous.
They say since the "special judge" handled the last one he is now our judge of record.

DH's attorney agreed to the "special judge" without consent from DH. DH dropped him. The same attorney he dropped is now Deputy prosecutor in the CS case. Not good for DH.

BM is Facebook friends with the Main county prosecutor's family.

BM is related to the clerk of this county and two of the woman who work in the Child Support Office.

My question is are the above reason enough to grant a change venue? BM will block it I am sure.