State to State help

Submitted by helpme on Wed, 12/01/2010 - 17:57

If a support order is filed in one state but then a custodial parent leaves that state and files a new motion in the new state, what can be done? Shouldn't the current order still stand and be required to be modified in original state where filed? The custodial parent left the state without written court or non custodial parent approval as well hindering the parenting time for non custodial parent. If the non custodial parent files a motion in the original state as that parent is still living there, does that over-ride the motion filed in the new state the custodial parent fled to?

In any family court manner, custody and support are two different issues and are handeled seperately.  If you didnt receive the notice required by your ex of the move and has already left the state, goto your family court and file and "emergency petition for contempt" against your ex TODAY!!!  If the judge agrees with the circumstances - then an emergency hearing will be scheduled.

As far as support, there is very little that can be done.  If the new state orders a hearing in the meantime, you must inform them you are challenging the move via the contempt petition.  They should not be able to continue any hearing for support in the new state until the origional state decides how to handle this case.

Take the first step and file that contempt petition today.  Dont waiste time. The sooner, the better.  Especially if your kids are in established schools.

Hope this helps,

Bill

 

File for primary phyiscal custody as well today.  This will bring everything to full circle shows you want your kids to have a stable life.

helpme

Thu, 12/02/2010 - 15:25

In reply to by Bill

Thank you very much. I did file yesterday for primary being fair in an attempt to give the father more time with 3 weekends a month rather than every other weekend and such. Does the emergency order have to be filed seperate now since I just filed the custody complaint yesterday?

how is the proper way to notify NJ that I have filed a motion in PA since this is where it should be? He does have an attorney there who has told me over the phone they want to file another motion there for support

I did file the petition as well as the emergency and so far have a date for conciliation but his attorney has emailed me and stated they are sueing to enforce litigants right to child support however, there was no amount by the NJ judge ever stated for child support or anything so I am confused on how they are able to file a suit. How do I notify that court that PA has set a conciliation date to stop things in NJ?