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Question
In 2001 my former spouse and I were divorced in Nashville, Tenn. She now lives in Ohio, and I live in Florida. I pay support monthly and would like to have a modification. How and where do I go about the process?
Submitted: 16 days and 15 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Posted by
psimmons
16 days and 15 hours ago.
Answer
Thanks for the chance to assist
To modify support you will need to file a petition with the court (In TN) to have support modified. Now, since neither one of you live there, it may be possible to have the case transferred...but if your former spouse opposes this, it can get expensive (because you have to pay the lawyer to fight this).
The court that issued the custody/support order will maintain jurisdiction of the case until the child reaches majority and the support order runs its course. To transfer to another state, you will need to petition the court for the transfer and give your former spouse the opportunity to respond.
So you have 2 choices.
1. File in TN for the modification
2. File in TN to move the case to either FL or OH.
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
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16 days and 15 hours ago.
Reply
The question I presented was not about child support but spousal support. I have been paying for nine years and the divorce states I must pay until remarriage or death.
Accepted Answer
Ahh...sorry.
The answer is the same though...the TN court keeps jurisdiction. You can file to modify if you can show cause...that is if you can show that circumstances have changed significantly...but you have to start with the TN court.
Sorry for the confusion
Expert:
psimmons
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Answered:
11/5/2009
Attorney
Law Degree, 12 Years of trial experience
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