If there was no German child support order made, and more important, none requested by either party, then the jurisdiction in which the obligor/paying parent resides when the first child support order is made would control the duration of child support -- unless the paying parent submits to the jurisdiction where the other parent and child reside.
If your husband is sued for child support in Mississippi, he must be VERY careful to not inadvertantly submit to Mississippi jurisdiction, or he can be held to a child support obligation until the child is 21 years of age, under MIssissippi law.
Avoiding personal jurisdiction is tricky, so if he's sued, he needs to hire a Mississippi lawyer to "challenge personal jurisdiction." For a family law attorney referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=MS and www.martindale.com.
Hope this helps.
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Should he file the divorce paperwork from Germany in the state of Texas? Would this establish jurisdiction so we do not have to continue to pay child support?
One more question: This is quoted from his divorce decree. "The parties have not filed any motions regarding the custody of the minor child. The parents declared that they are in agreement as to the continuance of parental custody and child visitation." I tried to talk to an attorney today (Texas) and she secretary/law clerk stated that we are not able to file in Texas since the child is in Mississippi. Is this correct?
So do you think the best advice is to file here in Texas before she is able to file in Mississippi? We are leaning towards this way. I sure do appreciate all the help & information.
I tried to talk to an attorney today (Texas) and she secretary/law clerk stated that we are not able to file in Texas since the child is in Mississippi. Is this correct?
A: There is nothing to file. It's up to the other parent to try to get your husband to pay. If she wants to do that, she will have to do it in MS, because in TX, her time has run out, as the child is too old to receive support. This puts you back where I already explained: if you are sued in MS, then you need to hire a lawyer to challenge personal jurisdiction. If the court agrees, then the case will be dismissed, and that will be the end of the matter forever.
DO NOT TRY TO ANSWER A CHILD SUPPORT COMPLAINT ISSUED FROM A MISSISSIPPI COURT YOURSELF. If you do, and you screw up your challenge, your husband will be stuck with a support award until the child is 21.
So do you think the best advice is to file here in Texas before she is able to file in Mississippi?
A: There is nothing to do -- it's up to the other parent to start a case against your husband. If that doesn't happen, then your husband can just go about his life.
Best of luck.
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