Cheaper states for CS?

[papaof2]

What is the name of your state (only U.S. law)? California

1) I'm the NCP because I relinquished my 50/50 custody to my ex since she is a stay at home mom who married and moved to North Carolina. I have a MUCH higher court order for child support that originated in California because of that. (makes sense..) I now live in Arizona. According to the online calculators, North Carolina calculates with the same numbers to about 54% of what I'm paying now. The calculator didn't ask for time with parent, however. I know the cost of living is cheaper there, would it behoove me to try and change the court order to NC where the CP and kids live and ask them to recalculate? Their guideline for recalculation is a 15% difference. I'm not sure if that is 15% of child support dues or parent income.... I guess I'm looking for a "better deal" but if the law approves it then it must be fair, right?
2) Also, I was unemployed from 9/2008 until 5/2009 so I have arrears. I did fill out forms for change in support as soon as I lost my job last year but they said they couldn't because they had no new income to base it off of. My question is can I request to have them modify my arrears for those 7 months I had no income or unemployment income? Or is it "set" now. I read that they don't modify arrears.

Thanks!!

 

[LdiJ]

What is the name of your state (only U.S. law)? California

1) I'm the NCP because I relinquished my 50/50 custody to my ex since she is a stay at home mom who married and moved to North Carolina. I have a MUCH higher court order for child support that originated in California because of that. (makes sense..) I now live in Arizona. According to the online calculators, North Carolina calculates with the same numbers to about 54% of what I'm paying now. The calculator didn't ask for time with parent, however. I know the cost of living is cheaper there, would it behoove me to try and change the court order to NC where the CP and kids live and ask them to recalculate? Their guideline for recalculation is a 15% difference. I'm not sure if that is 15% of child support dues or parent income.... I guess I'm looking for a "better deal" but if the law approves it then it must be fair, right?
2) Also, I was unemployed from 9/2008 until 5/2009 so I have arrears. I did fill out forms for change in support as soon as I lost my job last year but they said they couldn't because they had no new income to base it off of. My question is can I request to have them modify my arrears for those 7 months I had no income or unemployment income? Or is it "set" now. I read that they don't modify arrears.

Thanks!!

You don't get to "forum shop" to get the cheapest child support rate.

 

[gemeye73]

papa02,
Its not about "forum shopping"..... If the children and mother live in NC then chances are that is the state that holds jurisdiction. You could, if you are eligible...modify your existing child support order and re-modify in NC. If the children moved there, then it could and should be considered a change in circumstance.
North Carolina has one of the most "decent" child support tables/laws in the country. I believe they use income shares which also means the mother's income needs to be included. If you exercise visitatin and its significant, you might be able to include travel costs etc as a deviation. MOST on-line calculators will not include these types of deviations since its judge's discretion and not something that is complete "one size" fits all calculation.

 

[CourtClerk]

papa02,
Its not about "forum shopping"..... If the children and mother live in NC then chances are that is the state that holds jurisdiction.

It is this statement here that proves you know NOTHING about the law and should not be answering a question unless it is "what color is the sky" and that's only if you aren't color blind.

CALIFORNIA continues to have jurisdiction until CALIFORNIA gives it up, since CALIFORNIA already has jurisdiction.

 

[gemeye73]

Um yeah, that's a no brainer. CA would hold jurisdiction until the modification.
CA is no longer the residential state of either parent or children so why would CA NOT give up jurisdiction?

 

[Nativity]

papa02,
Its not about "forum shopping"..... If the children and mother live in NC then chances are that is the state that holds jurisdiction. You could, if you are eligible...modify your existing child support order and re-modify in NC. If the children moved there, then it could and should be considered a change in circumstance.
North Carolina has one of the most "decent" child support tables/laws in the country. I believe they use income shares which also means the mother's income needs to be included. If you exercise visitatin and its significant, you might be able to include travel costs etc as a deviation. MOST on-line calculators will not include these types of deviations since its judge's discretion and not something that is complete "one size" fits all calculation.

The people coming to these forums are not seeking answers full of "I believe", "I guess", or what happens in your state. They want the facts that can be backed up. It would do you and everyone seeking advice better if you only stick to those laws you know and not the information you think you know.

 

[gemeye73]

Sorry, but my crystal ball is not working and neither is anyone else's on these boards. Anyone with any family law experience can only tell you what they "think" because you can't predict what a judge is going to rule. Judges don't always rule fairly or correctly, hence the need for appeals and/or reconsiderations.

They DO use income shares, sorry for the use of "I believe". If you need to see fact, use google. What does that have to do with knowing anything about GA law? When the child support (most recent law change) was written, much of it came from NC law. Shame on me for using the words "I believe".

 

[gemeye73]

Here you go:
North Carolina's child support guidelines are based on the "income shares" model, which was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts.


From their STATE website:
https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

 

[CourtClerk]

Here you go:
North Carolina's child support guidelines are based on the "income shares" model, which was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts.


From their STATE website:
https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

First of all, a modification CANNOT take place in NC under ANY circumstances, until the case is domesticated to NC, which hasn't been done. So, why you are posting information relevant to NC is beyond me, because as we've already stated CALIFORNIA RETAINS JURISDICTION UNTIL IT GIVES IT UP. Now, keep posting erroneous information here, and you'll find your stay here a short one as they ban people here for posting things that are flat out WRONG.

 

[gemeye73]

Oh please. and domestication is so hard??? COME ON! This can be done easily. Do you really think mom would file a motion to dismiss based on lack of jurisdiction or venue? And do you really think that CA is going to hold onto JURISDICTION? Why would they?

Gimme a break.

papa02, contact your state child support enforcement office, they can help you.

 

[Proserpina]

Oh please. and domestication is so hard??? COME ON! This can be done easily. Do you really think mom would file a motion to dismiss based on lack of jurisdiction or venue? And do you really think that CA is going to hold onto JURISDICTION? Why would they?

Gimme a break.

papa02, contact your state child support enforcement office, they can help you.

OP did not ask about domestication.

Look, we get that you want to help. But the laws can differ so drastically between states, and the tiniest differences between two seemingly similar cases can have a huge impact on the likelihood on ruling one way versus the other way.

The law also can't by itself differentiate or predict intent - in other words, the domestication wasn't the subject of the OP's question. Some think this is pedantic, splitting hairs. There is probably some truth in that, but the bottom line is we can't psychically determine whether the OP is actually seeking a solution to a question which hasn't yet been asked.


Again paraphrasing OG, the devil is in the details.

 

[gemeye73]

Most of my responses have been deleted so can't quite follow the topic.

Ldij wants to automatically say that someone is forum shopping for the cheapest rate. I don't think he is forum shopping. Whether he is looking for a better deal or not, doesn't matter.

Children and mom live in NC. He can modify and serve her in NC. If she disputes jurisdiction, she ask for a motion to dismiss. When domestication is done, it would be up to her or the county to agree to hear the case as long as CA agrees.

Why wouldn't they agree to the change if neither part lives there?

 

[papaof2]

Thanks for responses.
I'm not shopping the 50 states here no more than I'm shopping for a cheaper interest rate on my unemployment accrued arrears. My children and ex live in NC. That is an option. If I were to try and domesticate the case in NC with no other intention but to have them recalculate my support order with their calculator, with the same current incomes so it comes out cheaper for me, what could possibly be wrong with that? Legally, morally, ethically? The original question was and still is "would it behoove me to try and change the court order to NC where the CP and kids live and ask them to recalculate?" This is not a domestication question... Is it possible? Commonplace? From what I've read it seems so.. just wanted some thoughts/advice on that, that's all.

Also, do they modify arrears? Concerning my unemployment time. It seems very unfair that the same money is charged when I'm not making any! Not looking for "fair" with the courts though, just answers.... ;-)

 

[Ohiogal]

Thanks for responses.
I'm not shopping the 50 states here no more than I'm shopping for a cheaper interest rate on my unemployment accrued arrears. My children and ex live in NC. That is an option. If I were to try and domesticate the case in NC with no other intention but to have them recalculate my support order with their calculator, with the same current incomes so it comes out cheaper for me, what could possibly be wrong with that? Legally, morally, ethically? The original question was and still is "would it behoove me to try and change the court order to NC where the CP and kids live and ask them to recalculate?" This is not a domestication question... Is it possible? Commonplace? From what I've read it seems so.. just wanted some thoughts/advice on that, that's all.

Also, do they modify arrears? Concerning my unemployment time. It seems very unfair that the same money is charged when I'm not making any! Not looking for "fair" with the courts though, just answers.... ;-)

It is a domestication question. Seriously. The only way NC takes control is if you domesticate it. No one will be able to tell you how much of a change in child support you would have without ALL of the EXACT numbers and what were used in CA as well as what the numbers would be in NC. It would also depend on a variety of other things such as what you are capable of earning -- you could get imputed an income -- and what the expenses are that are allowed to be counted for child support.

 

[papaof2]

Putting in all the same numbers (that I have) in a CA calculator and then in a NC calculator, the NC calculator calculates less child support. (According to the online calculators I've used) So... if I succesfully domesticate the court order to NC, I can have less child support? It seems NC is easier on NCP's than at least CA. Am I missing something? Or can that be done? If I pay less CS my kiddoes will still be taken care of.... and helps give me more $$ so I can actually fly them out!