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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32340
Experience:  Began practicing Family Law in 1992
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My husband has a child that has aged out and wants to do a

Customer Question

My husband has a child that has aged out and wants to do a support modification, his ex lives in TN and we live in FL, we were told the case must be domesticated to TN as that is where the kids live. His ex refuses to modify so now we will have to go to court, it will get expensive as my husband will have to travel to TN and get a lawyer, hotel etc., just because she will not comply. Does he have any recourse to ask for lawyer and travel fees? Can this be a lengthy process and a expensive one? I am sure she is counting on it and that he will not be able to afford to modify and be stuck with the high payment in FL?
Submitted: 5 months ago.
Category: Family Law
Expert:  JD 1992 replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

we were told the case must be domesticated to TN as that is where the kids live

That's not quite true. He can file the modification where the old case was heard but if the sife objects then it would have to be dismissed and then he would file where the children live. A case can't be transferred between states so what he would have to do is get a certified copy of the file and then file it as an attachment to his petition int he state where the children live.

Does he have any recourse to ask for lawyer and travel fees?

He can ask, a lot of people do, but I have never seen a judge award travel costs. He can ask for attorney's fees and they are often awarded.

Can this be a lengthy process and a expensive one?

Yes. I can be short and to the point or it can be dragged out into a lengthy and expensive case.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 5 months ago.
the ex wife is objecting to the case being moved out of FL, if she refuses to have it leave FL, the divorce decree, judgment. Then he cannot have it moved to TN? If it would get moved to TN, would any overpayment until the resolve be credited to him?
Thanks
Customer: replied 5 months ago.
The FL lawyers told us we cannot do anything in FL with this.............
Expert:  JD 1992 replied 5 months ago.

He can still file it where the children live, wherever that is. If the original order was entered in Florida the only way it can stay there is if no one objects.

I'm not sure what you mean by your second question about the credit but, in general, any sum of money that the court awards to him he would be entitled to ask that it be withheld from the child support. The judge will usually allow for that to be done although usually not all at once.

No, if the order was entered in Florida then the Florida court retains jurisdiction until another court takes jurisdiction over.

Expert:  JD 1992 replied 5 months ago.

If you look at the FL order it should even state in there that FL has "continuing exclusive jurisdiction".