lilkitty Posted May 16, 2009 Posted May 16, 2009 my fiance's ex is moving to washington and they just got the child support raised. our question is when she moves will the case also move to washington considering neither her or my fiance will be living in michigan? help lilkitty
sally4sara Posted May 16, 2009 Posted May 16, 2009 If they are currently at a resolved stage with custody issues, the case will not be anywhere. There will be a record of a previous custody case in what was the child's home state. Should something come up to where the court is involved again, the child's home state will become the state the child resides in the most. There is a time frame that must go by for the child to reside in one location before THAT new location becomes the home state. The fact that your fiance will no longer be residing in what was the home state *could* shorten that time frame. Both my ex and I were planning to move from our home state at one time when we had no set custody situation. He was the first to plan to move, but his plans fell through while mine did not. I moved from our home state and he ended up staying. It took my son residing for six months in the state I now live in for it to be considered his home state. Had my ex filed something with the courts before that six months was through, it would've been resolved in his (my previous) state's courts. Instead, it was resolved in my state's courts. This resulted in him needing to travel to where I now live because he thought I was not going to be fair. We resolved in one day with a mediator and the result was pretty much the same as if he had not shown up at all. If the move that both parents are choosing makes the travel time longer, your fiance can request that he get a support deduction for travel costs. If he feels traveling to where she has moved to, just to handle this support change is a bigger hassle, he needs to resolve in it the previous home state's courts before the child's home state changes. If his travel time to his previous residence state is roughly the same travel distance as it is to where his ex has moved to, it would be benevolent of him to let it be handled in her new home state rather than make her also travel to a state neither of them reside in any longer. She will incur travel costs plus likely child care costs plus time off work and this drains resources from the child that could be better used for food, rent, cloths, etc. I hope that helps.
Author lilkitty Posted May 16, 2009 Author Posted May 16, 2009 well the situation is he's been living in wyoming for over a yr now and now his ex is moving to washington. theres no visitation issues but they just raised the child support to $624.50 month. so we're wondering since she's moving if its gonna be moved cuz it is a active case. plus we're trying to get it lowered considering after thats payed and rent and utilities we have no money for food and i have a 11 yr old and we now have a 2 month old. if its easier to get ahold of me on yahoo my id name is lilkitty_48858. the ex is trying to say it won't be moved unless she wants it to be moved and she don't. but if neither parent is living in mich then why should the case be there. lilkitty(heidi)
JeezLouise Posted May 17, 2009 Posted May 17, 2009 I think that S4S meant in her amazingly informative and well-written post was that if the child support case is currently IN the court system, not that CS is currently being enforced and active. If the CS has been raised through the judicial system already and put into place, then there is not an "active case". If she moves, she will need to live there for a specified period of time before she can use WA as the home state of the minor child for any sort of situation where she has to take your fiance to court. If HE is currently IN mediation for having the CS lowered, then THAT may be an active case. In that case, it sounds as though it would through the Mich court system, since the child resides there. What EXACTLY is the case status for having the CS lowered?
sally4sara Posted May 17, 2009 Posted May 17, 2009 I think that S4S meant in her amazingly informative and well-written post was that if the child support case is currently IN the court system, not that CS is currently being enforced and active. If the CS has been raised through the judicial system already and put into place, then there is not an "active case". If she moves, she will need to live there for a specified period of time before she can use WA as the home state of the minor child for any sort of situation where she has to take your fiance to court. If HE is currently IN mediation for having the CS lowered, then THAT may be an active case. In that case, it sounds as though it would through the Mich court system, since the child resides there. What EXACTLY is the case status for having the CS lowered? Yup! you nailed it in one. Thx for the compliment.
sally4sara Posted May 17, 2009 Posted May 17, 2009 the ex is trying to say it won't be moved unless she wants it to be moved and she don't. but if neither parent is living in mich then why should the case be there. lilkitty(heidi) Don't listen to the ex for legal practice; she isn't a lawyer or a judge and only knows what she wants to happen. What will happen is a how different thing. She likely won't care about the needs of someone who isn't a parent to her child when deciding what legal course to take either. Sorry. Save yourself the headache and take care of what you can while staying out of what you can't. It will get better.
Cuppie_Cake Posted May 18, 2009 Posted May 18, 2009 And it wont be lowered due to the fact that he has a 2 month old either. The courts look at it like this.. if you can not afford the first one... DO NOT make another one. Also, The child would have to be a resident of Washington State for at least 6 months to be considered a resident. Not really sure what you think will happen if it does get moved to WA. They will enforce the current order. They wont change the CS amount.
Author lilkitty Posted May 19, 2009 Author Posted May 19, 2009 we're dealing with the fact he has to now pay 624.50 a month we just think its bull**** he has to pay that much for one child. he's not one of them fathers that doesn't want to pay shildsupport period, he's not one of them dead beat dads like my 11yr old father is. we think the only reason its that much is cuz the ex don't have a job. he's even trying to talk the ex into doing every other yr visitation cuz he misses his daughter so much. the only reason why he moved away from where she was was cuz of work.
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