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I need to move a child support case from PA to NM. I live in

Customer Question
NM with my children and...
I need to move a child support case from PA to NM. I live in NM with my children and my childrens father is stationed in FL and is in the military. I have certified copies of my child support orders as well as certified copies of the arrears paperwork from the court in PA. I opened a child support case in my county in NM and the first step they said is that they have to certify his address through the post master in FL, then they will send my paperwork to FL to have them open a case since that's where he lives. Issue is he is in the military and moves around every few years. Since I've had my case in PA, for 12 years, he's moved three times and I've never had to open a case in the state that he moved to. It took me a long time and a lot of money with a lawyer originally to set up our child support case as he wouldn't answer petitions etc. So...the child support office in NM says that it may take a while just to certify his address in FL (already been 4 weeks) and they have no idea when that will happen, then they will send my paperwork to FL to open a case etc, and they say that will be months and maybe longer. My lawyer in PA made sure that I had all the certified copies that I needed etc so it would make the process here in NM easier however the child support office seems unsure of why I have the certified paperwork and frankly doesn't seem to know the answers to questions I ask. So my question is would going through a lawyer speed things up or does this process sound normal? I am a professional, however need the child support money for my three kids and not getting it for months or more is a bit daunting.
Submitted: 1 year ago.Category: Family Law
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Answered in 19 minutes by:
3/30/2016
Family Lawyer: Gerald-Esquire, Lawyer replied 1 year ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 4,302
Experience: 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The Uniform Interstate Family Support Act (UIFSA) covers the transfer of family support orders across state lines. The reason the Child Support Office doesn't seem to know what they are doing is because they are the wrong people to address your situation.

Under the Compact Pennsylvania has first priority in the matter since that is where you originally obtained the Order. The Pennsylvania Order must now be transferred to the New Mexico Courts. This is done by filing papers both in Pa Copurts and in New Mexico Courts. The papers in Pennsylvania seek to Petition the Pennsylvania Court to relinquish jurisdiction to the New Mexico Courts. The Petitionin New Mexico is to adopt the Pa Order and issue an Order to enforce in New Mexico. With the New Mexico court Order in hand then you return to the Office of Child Support Enforcement.

This will take time and require the services of a Family law attorney.

http://www.lawyers.com/child-support/new-mexico/find-law-firms-by-city/

Alternatively, you can submit your Pennsylvania Order directly to his Military Command, and the Military will enforce the Order as to garnishing your ex husband's pay for Child Support. This may be the less costly and more efficient process to use.

http://www.dfas.mil/garnishment/childsupportalimony/faqs.html

http://www.acf.hhs.gov/sites/default/files/programs/css/military_handbook_final_20130329_0.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Gerald-Esquire
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Category: Family Law
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