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Blended Families
twinkl5379
member
Legal Question Re: State Laws
twinkl5379
member
Hi,
BM and FI's divorce occurred under SD state law as that is where they were both living at the time. BM has just moved to MN. We also want to move there but do not want her to adjust the child support based on MN law when/if we do move b/c it would mean that FI would have to pay more than under SD law.
There's a long history behind the amount of CS he's had to pay, and neither of us want to see an increase. In addition to CS, he's going to have to pay $500/month in autism therapy for a total of about $2,000/month. So you can see why we don't want another increase. This should be plenty for BM and the 2 kids. She is a nurse and has no debt b/c FI got stuck with it all.
Because she has just moved, the papers are in the works. I am wondering if it's possible to add a clause that states that regardless of where either party lives, CS will always follow SD state law.
Is this a possibility? I thought it might be since there are stranger things in legal papers...
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Re: Legal Question Re: State Laws
Completely disregard my previous answer if you read it. If you & FI move to MN she can refile there. My FI checked with his online lawyer friends.
Ummm, just my opinion, but how about making sure the kids have enough money... $2k is a lot, but the goal is to make sure the kids are as financially sound as they would have been if the parents had stayed together. Plus, in MN the court takes into account BM's income and financial status (not just your FI's).
In any event, I don't think you could deprive a state of its jurisdiction. Where you live is also likely irrelevant if the kids are in MN.
UIFSA Jurisdiction:
https://www.ancpr.org/uifsa_definitions_and_provisions.htm
You can put anything you want into an order. But if it's not legal, it can be challenged and set aside. If a state doesn't have jurisdiction, it doesn't have jurisdiction. You can't *order* a state to have jurisdiction just because you want it to. It's called forum-shopping, and it's not permissible.
Do look into the UIFSA laws - but yes, she can file to have the order transferred. Normally, CS should reflect the current cost of living where the child or children reside since that's the state where the CS is being spent on them.
We all moved from the west coast and live in seperate states on the east coast now and we had the CS transferred to the state DH's boys currently reside in with BM. And once you all leave SD, if she transfers the order to MN, SD will have lost continuing, exclusive jurisdiction and MN will rule according to it's own state guidelines. (and really, the CS should reflect where the kids live anyway - not a state where no one lives anymore.)
We pay 2,400/month for DH's 2 sons and neither one of them has any sort of disability or attends a private school or anything. (although we're supposed to get this amount adjusted and rectified by their current state of residency in 2010)
In addition to CS, he's going to have to pay $500/month in autism therapy for a total of about $2,000/month. So you can see why we don't want another increase. Thats a lot of $$ maybe an assesment will work in your favor, stranger things have happened.
So have you decided to stick with the relationship and move to MN? I really hope it works out for you guys. Good luck!
This. Also, BM will have to go to court and ask for it to be calculated on your FI's new income and on the state laws of MN.?
To answer your other question your FI and BM could work out an agreement that state that the child support is calculated off of SD's income, if she wants to. ??
IMO, the law is the law, just because he doesn't want to pay more doesn't mean that he shouldn't have to. ?I have a child with PDD and some more severe mental health issues and it is expensive beyond belief to care for him. I wish that I got half the money your FI gives to help out, but it is his child too and he has an obligation to help care for him. If it were my law, he would have to pay half of all the bills related to his DS's autism care.?
The lawyer I saw here in GA told me I would have to file to have the case moved from KY where my divorce was originally heard. But that not only would the judge have to allow it and he probably wouldn't but my doucheface of an ex husband would have to not fight it and he likely would.
So call up a lawyer in your state and ask them how likely the judge who heard the original case is to let it go to another state. Just because she is living in another state doesn't mean that when she files, she will get her way. Also, in many states, you have to have a reason to request an increase in child support. Moving to a state that allows more child support usually don't count.
Click me, click me!
Believe me, he pays for his kid's medical expenses related to autism. In fact, he pays 80% while BM only pays 20%. And when insurance didn't cover it, he paid $40,000 in cash last year to cover it. This was in addition to his $1400/month in CS. so he actually pays a H*!L of a lot more than $2k/month when you average in an additional $40,000 in one year.
And she paid about $5,000 - 9k out of pocket. This is fair? BM shouldn't have to pay for her child's medical?