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Roger
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Category: Family Law
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My ex was forced to retire from the military after 20 years

Resolved Question:

My ex was forced to retire from the military after 20 years military service. Her income has been reduced from $90,000 per year to $36,000.
She has no intention of finding a job. My child support has now doubled. The Final order has been issued in the county we lived in at the time of filing. She has retained ownership of the house we had in that county.

She has moved to Texas. I now live in another county in the state.

Can I file a motion to have my case issues to be heard in the new county I live in or does everything have to stay in the original county?

My ex was never a resident of the State but owns property in the original county we filed in.

How would I do this?

Thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thankls for your question! I'll be glad to help you today.

Kirk Adams :

It is possible to transfer jurisdiction of the case IF no one lives in the original county where the divorce was handled.

Kirk Adams :

In fact, this is a very usual occurrence in situations where child support is being paid. HOWEVER, under the Uniform Child Custody Jurisdiction & Enforcement Act (http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_Act), the court would likely only be able to transfer the case from it's current county to the county of the residence of the child/ren (which is where the child/ren has lived for the past 6 months) because that court would have jurisdiction over the child.

Kirk Adams :

So, in this case, if the children live in Texas, if a request to transfer venue/jurisdiction were requested, it's likely that the court would/could only send the case to Texas because that's where the UCCJEA says it should be. I don't know if you would be ok with that or not, but it would mean that any time you needed to make a change, it would have to be done in Texas instead of South Carolina. Thus, it may be better to leave well enough alone - - or at least make her bring up the issue.

Kirk Adams :

I hope this answers your question, but if you need something further, please don't hesitate to ask. Thanks!

Roger, Attorney
Category: Family Law
Satisfied Customers: 27083
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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