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If I move out of state for work after a divorce settlement,

Resolved Question:

If I move out of state for work after a divorce settlement, do we ( the kids and I ) still receive child-support from the father?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - You are entitled to support regardless of where you live. There could be a problem moving the kids out of state if the court awards the father visitation rights and he is involved in the lives of the children. Most courts will order that you need permission from either the court or the non custodial parent to remove the children from the jurisdiction of the court. It has nothing to do with child support but rather with custody and visitation.
Customer: replied 2 years ago.
This would be more along the lines of "birdnesting " with the children at the marital home, and I working in another state during my non-custodial times. We have an 8-day 6 day custody arrangement.
But in the event of mother getting job, say, in California, from MA where we live now, this would be a problem?


Expert:  Dave Kennett replied 2 years ago.
You have to approach this in two ways. Child support is owed regardless of where the children or custodial parent may live so it really is not an issue once the amount is set. The visitation and custody are separate and if the parties agree the court could care less where anyone lives or travels etc. It is only when the parties cannot agree that the court will step in and enforce the visitation or custody orders so if the non custodial parent has regular visitation and the custodial parent wants to move out of the jurisdiction and it will affect the visitation rights of the non custodial parent then the custodial parent would have to get permission either from the court or the non custodial parent. It would not affect the child support amount.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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