Child Support (Multi-State Issue)
A couple got divorced in State1 (CO) - custodial parent moves to State2 (MS) and non-custodial parent moves to State3 (IL).
1- Which state does Child Support Laws apply?
2- Can custodial parent 'choose' which state to file 'modification' orders?
3- If modification required, which states can custodial parent file modification requests?
4- Divorce Decree did not have any provisions for Child Support increases? Can custodial parent still seek modification?
1 Answer from Attorneys
Re: Child Support (Multi-State Issue)
Miss. Code 93-25-9 states the basis for jurisdiction in Mississippi over a nonresident in a child support matter under the Uniform Interstate Family Support Act. RICHARDSON v. STOGNER 958 So.2d 235 (MS CoA 2007)was a case in which the divorce occurred in La. and the custodial parent then moved to Mississippi and filed for child support and custody. The Court held that the noncustodial parent did not submit to the jurisdiction of the Mississippi Court and that the Court did not otherwise have personal jurisdiction over him.
Without more information, it appears that child support modifications are within the jurisdiction of the Colorado court unless the Colorado court and another court agree the latter court is a more convenient forum and the later court has jurisdiction over the parties because they either voluntarily submit to the jurisdiction or otherwise have sufficient connection with the latter court's jurisdiction.