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My husband currently has support orders out of fl. We live…

My husband currently has...

My husband currently has support orders out of fl. We live in NC and the child and mother have moved to IN. We received notice she is requesting review of orders for support, most likely seeking more $. We have no visitations and have not seen her in 8 years. She has 1 year of support left but we are considering requesting orders be moved to NC and visitation rights... thoughts?

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

We has child support orders

Lawyer's Assistant: Family law varies by state. What state are they in?

Have*

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

That's all

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Answered in 2 hours by:
3/19/2018
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,527
Experience: Practicing Attorney with 10 years experience
Verified

You can certain enforce the visitation rights and the mother has to send her to travel to NC where the child's father is. Also, I would say the more the father is in the child's life, the greater the likelihood for some leniency by the judge.

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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Jurisdiction for child support purposes is going to lie where the child lives. That means that you unfortunately would not be able to move the case to North Carolina. You can object to the mother moving the case to Indiana if she's lived there less than six months - that's how long it takes to transfer jurisdiction. But Florida doesn't have any interest in keeping a case between two non-residents that deals with the care and custody of a third non-resident, so they likely will allow the case to be moved once the 6 months is up.

You absolutely can request visitation rights with the existing Florida court, if the case hasn't been transferred to Indiana yet. Because the mother moved so far away, you're also allowed to ask that she bear the costs of flying the girl back and forth for visits. After all, it wouldn't cost so much if she'd stayed in Florida. That amount could help offset any increase in support she's requesting.

To get an increase in support, the mother has to be able to show a material change in circumstances. Just the move likely won't be enough, since she chose to move. She may be able to get a cost of living increase if she hasn't gotten one in the past 8 years. But any new order still has to be based on the Florida guidelines. A parent can't get more support simply by moving to state that has different standards for the calculation.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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