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I recieved a foreign order from my child's father, to move…

I recieved a foreign...

I recieved a foreign order from my child's father, to move the jursodoction for child support to New Hampshire, where he lives. He wants to stop paying child support. My child and I live in CT. The current order is from 2011 in Massachusetts. I don't really know what to do. If I dont file a motion to contest, does this mean only the child support issue is reopened, or is the whole child custody case reopened?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NH family court?

No. Not yet. Will I need a NH lawyer?

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

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Answered in 4 minutes by:
3/14/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

It is not unusual for a party to attempt to move a child support case to where they are living but just because they want to move, does not mean they will be allowed to.

Also, let me make sure I understand the exact facts so I can be sure to give you a solid approach. You live in Connecticut. The original order setting child support was from Massachusetts and he lives in New Hampshire - correct? Have you ever lived in New Hampshire?

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Customer reply replied 4 months ago
Correct. I lived in New Hampshire from 2001-2008

And no orders from New Hampshire in place?

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Customer reply replied 4 months ago
No. Only from Massachusetts, dated June 2011. Although it is not stated in the foreign order, the father told me he wants to stop paying child support due to financial hardship. He has stopped paying even though this has not been settled yet.
Customer reply replied 4 months ago
I am unsure as how to proceed. If I don't file a motion to contest this, will child support be the only thing addressed, or will they open the whole case again?

Give me a few moments and I will put together an overview for you to review.

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Customer reply replied 4 months ago
Ok, thank you. I appreciate your time.

So several thoughts. The proper place to look to modify the child support is where the original order was filed, here, Massachusetts. If he is not paying there, he is in violation of this order and the Court there could hold him in contempt and enforce his payment. However there may be reasons that you want the case in New Hampshire.

Also do know that just because he wants it to stop does not mean it will.

It is not unusual for a party to attempt to file in a foreign jurisdiction to do what he is attempting, that is to stop or modify his child support payments. In New Hampshire, the Courts us a percentage of a party's income so he may be trying to take the position that he doesn't have sufficient money to pay. Do understand that courts, regardless of the state, do not accept as an excuse for not paying child support the argument that I don't have any money. Courts will even order an amount of child support if they feel a paying party should be earning more money.

So how should you proceed?
First of all, you should not just ignore this petition. I do not believe that a judge would likely just relieve him of a child support obligation, but you want to make sure you have someone there to present your side of the case. As well, you may want to seek to have the matter dismissed and then enforce his obligation in Massachusetts. The point here is that as there may be several advantageous options, you should likely consult with a New Hampshire attorney. For example, you may need to make what is called a limited appearance for the sole purpose of having the New Hampshire case dismissed. It is possible to do this in a way where you do not "officially" appear and as such the New Hampshire Court does not gain jurisdiction over you.

Another option is that New Hampshire child support may be more beneficial for you based on his ability to earn. If that is the case, you may want to have the case there where it would be easier for you to enforce if he did not pay.

So the two things you need to make sure to do. 1 - do not ignore this and 2 - reach out to a New Hampshire attorney. I am also happy to provide you some resources to help locate a New Hampshire attorney.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you for all the information! If you are able to provide me with resources for finding a New Hampshire attorney, I would really appreciate that.
Thanks again for your time.

You are certainly welcome. I would look two places - first, Martindale.com and the second through the New Hampshire State Bar - link here. (See the link to the left on the landing page "Need a Lawyer.")

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Customer reply replied 4 months ago
Thank you!

My pleasure and thank you for the positive rating!

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