If i move my child support to Louisiana from Mississippi will i be able to get an increase?

Question

My ex only pays $277.00 a month for two kids in the state of Mississippi. Any serious suggestions welcome.

Answer 1

The state in which your original support order was issued is the controlling state. You can petition your court to increase your support, but Louisiana will only enforce for the amount of the Mississippi order. So if Mississippi does not increase your support--Lousisiana can do nothing about it.

Add to Daniel: Sorry, but you are incorrect. Unless there is a change of venue filed AND accepted by another jurisdiction, child support does not move from county to county or state to state. Not that it CAN'T be done--but it is not that simple.

Answer 2

You can absolutely change the State which collects and enforces child support just as you can also change the County where it is enforced and collected. Those indicating otherwise have no idea what they are talking about.

The primary factor is the primary residence and location of the minor child.

With all due respect to clk4cb you are not giving the correct legal advice in this matter: Child support laws are relatively consistent in all 50 states pursuant to the UCCJEA (uniform child custody jurisdiction enforcement act) along with many other federal statues.

However I can tell that because you are so emphatic in your response that a lil' bit o' law might help you. Pursuant to California Family Code Section 17400 (5)(m)(2)(A-D): " (A)Venue shall be in the superior court in the county that is currently expending public assistance." "(B) If public assitance in not currenlty being expended, VENUE SHALL BE IN THE SUPERIOR COURT IN THE COUNTY WHERE THE CHILD WHO IS ENTITLED TO CURRENT SUPPORT RESIDES OR IS DOMICILED." "(C) If current support is longer payable through, or enforceable by, the local child support agency, venue shall be in the county that last provided public assistance for actions to enforce arrearages..." "(D) If subparagraphs (A), (B), and (C) do not apply venue shall be in the superior court in the county or resdience of the support obligee" ( SECTION (B) APPLIES) "(E) If the support abligee does not reside in California, and subparagraphs (A), (B), (C) and (D) do not apply, venue shall be in the supeiror court of the county of residence of the obligor" (SECTION (B) APPLIES) and lastly, "(2) notwithstanding paragraph (1), if the child becomes a resident of another county after an action under this part has been filed, venue MAY remain in the county where the action was filed until the action is completed."

This case can easily be transfered as I previously indicated. It should be noted that it is unknown whether or not this is a public aided case. Venue changes does not have to be "accepted" it must be "ordered". Again, simply contact you "new" local child support agency jurisdiction for enforcement will likely occur with no court hearing required.

Assume that you initially had a child support order out of California and then you moved to Nevada with the minor child and your ex moved to Arizona. California has no interest in the well being of the minor child at this point, and your child support proceedings could easily be transferred.

Answer 3

You can't move your child support! The state that has original jurisdiction of the case maintains control until the child attains legal age.

tnfarmgirl - who filed first and in what state?

Answer 4

My ex went to court over his 2 daughters and their child support in the state he resides in - not hers.
The determination of support was made by the guidelines enforced by the state he resides in not where she was from.
He is in Tn and she was in NC- I don't know how it works anywhere else.
Add:
We petitioned and were granted custody of one of her daughters in TN. Then the whole child support thing started for his other 2 daughters she was raising in Nc. All the hearings were held here in Tn- thankfully he is an ex and that mess is no longer my prob.