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Ho does interstate child support cases work?

stepmama2one's picture

BM's current husband was recently informed that he is being sought out for child support from one of his exes that lives in a different state. He lived in the same state with his ex when she had their son but then he bolted on her and left the state, and she still lives there.

Anybody know how this works? I'm guessing BM's husbands ex filed for support and it got forwarded to the state he lives in now? Or does the state his ex lives in just puts a withholding order with his employer and the payments get sent to her states Enforcement Agency? What state would the court records be in? The state that has jurisdiction or the state that he lives in now?

Orange County Ca's picture

Every state has different laws and either state could claim jurisdiction if for instance he decided his defense was to sue her in his state for say visitation.

In the end the state ordering child support would probably end up with even contested jurisdiction since the kid lives there. In the end expect "Daddy" to be even more pressed for cash than he is now.

He could be found in criminal violation and arrest and extradition requested by the home state. Guess he shudda kept it wrapped.

Rags's picture

Generally the county and state where the CS request is originally filed has jurisdiction if one of the parties remains a resident of that state. Since the Bio Dad bailed in a blatant attempt to avoid paying CS he is pretty much screwed. He can request visitation but if he has had zero contact with the kid in 3 years that may not be likely. In some cases the party living in another state may have some leverage but that usually only applied to the custodial parent. The NCP is generally screwed in most cases.

In our case my DW left Sperm Land state to attend college before there was a visitation order. As a single teen mom she automatically received full physical and legal custody and a small amount of CS. When Sperm Grandma found out that my DW was dating someone Sperm Grandma filed for custody in the Sperm Idiot's name. After about a year of games my DW once again received full physical and legal custody and the Sperm Idiot was granted 7 weeks of visitation (5wks summer, 1wk winter, 1wk spring) and was ordered to pay a slight increase in CS.

After I finished my degree my bride and I married and moved to Texas. After the Skid was a resident of Williamson County Texas for 6mos he was considered a permanent resident and we could have had venue moved. That would have resulted in a ~400% increase in CS. It would have also resulted in significantly more visitation so we never changed venue though we did upon occasion use the looming huge increase in CS to motivate the Sperm Clan remain in compliance with the original CO and knock of their vitriolic manipulative crap. No amount of money could justify exposing the kid to any more time with the shallow and polluted end of his gene pool than was absolutely necessary.

This is our experience.

If your friends husband want to understand his status and options he should consult with an attorney.

But .... pretty much he is fucked.

stepmama2one's picture

Oh she isn't my friend. She is my SD's BM. SD's BM's husband is the one being forced to pay support. I hope he gets fucked because he needs to learn that he either needs to take care of his responsibilities or keep his dick in his pants. BM doesn't care if her husband pays for his kids because she doesn't pay her child support for my SD either. Thanks for your reply Smile