Asked 8/23/2010
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If a child support final court order is issued in one state and the custodial parent and children move to another state, is the order still valid? Wouldnt the child support laws of the state that the custodial parent now resides now take legal precedence? |
Answer 1/6 - Submitted 8/23/2010
Yes until the child support services find that the custodial parent has relocated out of state, you should get a letter as well as the custodial parent stating because he/she relocated that the child support has to be transferred to the state the custodial parent relocated. There could be a delay in the custodial parent in getting your child support payments while the child support gets transferred, if you stop paying then the child support services will just keep adding your child support for back erarages and you do ot want this. If you do not here from them then contact them and let them no the custodil parent relocated.
Answer 2/6 - Submitted 8/23/2010
There may be a time lag involved before a transfer could happen. Paperwork and records would have to shift to the new state where the custodial parent has moved and, very often, there is a residency requirement as well. The custodial parent may have to be in that new state several months and maybe a year before being considered a resident able to qualify for social services. That varies state to state.
Until the dust settles on all these issues, the initial order would remain in effect.
Answer 3/6 - Submitted 8/23/2010
Again I have to disagree with Madama , The custodia parent does not have to be a resident of the state that he/she the custodial relocated to inorder to get the child support transferred. To become a legal resident takes 6 months, however that has nothing to do in regards to being able to have child support transferred, a year would be along for the children to go without while waiting to have the child support transferred, also I do not see anything stated in the question that would require assistance from social services. When it is required to ecome a legal resident in another state it pertains to a parent filing for a divorce, custody if that parent is married and lived in another state.
Answer 4/6 - Submitted 8/23/2010
Since the child support laws in the new state of residency probably differ (more lenient), isnt a new court order from that state required to determine payment amount and terms under their guidelines making the current court order void? Obviously the custodial parent would have to meet the requirements for residency in the new state.
Answer 5/6 - Submitted 8/23/2010
Ok I will say this again when given the advice that you need to be a resident of the state of relocation inorder to get your child support is incorrect, I was getting child support in California moved to Arizona and within two months I was sent a letter from the child support services telling me that I needed to tranfere the child support to Arizona, I was sent the child support paymenst for the months I was in Arizona, I was not a resident. However what tihis person needs to do is contact the child support services and find out what she needs to do if anything.
Answer 6/6 - Submitted 8/23/2010
In my situation i married and divorced in Texas. but lived in many states after that. my child support was never changed i still at all times had to go thru Texas to get back child support and my checks were always direct deposited in my account no matter were i lived. and always did court proceeding thru phone or directly threw Texas child support office. my child support was and has always been valid
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