Cheaper states for CS?

[mommyof4]

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.... ;-)

As to this....NO.

 

[gemeye73]

papao2,

Cost of living is less in NC, that's why the numbers are lower. Child support tables are supposed to be in line with cost of living for each state, although some states still use USDA numbers, which are not really valid as true costs (If I explained why, you would want to shoot yourself).

You could ask that the state include travel/visitation costs as a deviation.

 

[CJane]

Generally, no deviation from standard is allowed when you're seeking an administrative order (ie: Child support to be set by the enforcement agency rather than a judge).

Also, you'd have to make yourself very familiar w/NC law/rules as they apply to child support IF CA were to release jurisdiction to them. Because they MIGHT keep the calculation the same as CA and simply agree to enforce that order, or you might be able to domesticate the order, but not be allowed to modify it for a certain amount of time (sometimes 3 years).

 

[mommyof4]

I am an advocate, not an attorney

Gemeye....would you please at least attempt to advocate correct, complete information?

Cjane is correct. Even if the order were to be domesticated in NC that does NOT mean that NC would automatically modify the order to NC's guidelines.

 

[gemeye73]

mommy,

can you send me a link to some more information or a case that i can review? Maybe I can learn something today. Not sure why NC wouldn't use their guidelines to recalculate.

 

[Ohiogal]

mommy,

can you send me a link to some more information or a case that i can review? Maybe I can learn something today. Not sure why NC wouldn't use their guidelines to recalculate.

Why don't YOU educate yourself and quit hijacking THIS thread? I posted the statute by which NC would calculate child support. But no one can foretell the future as to what this OP will be ORDERED to pay.

 

[casa]

I would contact the CSE office & explain you are no longer a resident of CA. Therefore you need assistance domesticating your order to either AZ or NC. I personally would think your current state of residence would be the guideline to use (AZ), but CSE would know the specifics. CSE has a website with FAQs also.

 

[gemeye73]

ohiowhoever...

you just contradicted what mommy said.

SO he WILL be ordered to pay under NC guidelines. You contradicted what she said so now I am confused because obviously one of you is right and I am wrong.

I would like to see proof that NC would not automatically modify under NC guidelines??? Why is it that you people get all defensive when someone asks for the source of your information??

 

[Ohiogal]

ohiowhoever...

you just contradicted what mommy said.

SO he WILL be ordered to pay under NC guidelines. You contradicted what she said so now I am confused because obviously one of you is right and I am wrong.

I would like to see proof that NC would not automatically modify under NC guidelines??? Why is it that you people get all defensive when someone asks for the source of your information??

Actually if you knew how to read you would see I did not contradict what mommy said. And if you can't read OhioGAL then you are deficient. My source is my law license and law degree as well as various statutes and case law.

 

[mommyof4]

I would contact the CSE office & explain you are no longer a resident of CA. Therefore you need assistance domesticating your order to either AZ or NC. I personally would think your current state of residence would be the guideline to use (AZ), but CSE would know the specifics. CSE has a website with FAQs also.

agreed.....

 

[mommyof4]

mommy,

can you send me a link to some more information or a case that i can review? Maybe I can learn something today. Not sure why NC wouldn't use their guidelines to recalculate.

I'll be more than happy to further your education.

GS_52C-6-603

§ 52C‑6‑603. Effect of registration for enforcement.

(a) A support order or income‑withholding order issued in another state is registered when the order is filed in the registering tribunal of this State.

(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.

(c) Except as otherwise provided in this Article, a tribunal of this State shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. (1995, c. 538, s. 7(c).)

§ 52C‑6‑611. Modification of child support order of another state.

(a) After a child support order issued in another state has been registered in this State, the responding tribunal of this State may modify that order only if G.S. 52C‑6‑613 does not apply and after notice and hearing it finds that:

(1) The following requirements are met:

a. The child, the individual obligee, and the obligor do not reside in the issuing state;

b. A petitioner who is a nonresident of this State seeks modification; and

c. The respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed a written consent in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this State is not required for the tribunal to assume jurisdiction to modify the child support order.

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State, and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under G.S. 52C‑2‑207 establishes the aspects of the support order which are nonmodifiable.

(d) On issuance of an order modifying a child support order issued in another state, a tribunal of this State becomes the tribunal of continuing, exclusive jurisdiction.

(e) Repealed by Session Laws 1997‑443, s. 10.12. (1995, c. 538, s. 7(c); 1997‑433, s. 10.12; 1997‑456, s. 27; 1998‑17, s. 1.)

Now, this is just a small sample of the information of which you are ignorant. The order will NOT be modified for a lesser amount just because he found a cheaper state.

 

[gemeye73]

You still didn't show me anything that actually supports what you said!

Clearly POINT out where it says the it cannot be modified by NC?

"(c) A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under G.S. 52C‑2‑207 establishes the aspects of the support order which are nonmodifiable."

If CA allows him to modify, and NC gets jurisdiction, why wouldn't the new award be under NC guidelines?????????????????????

Controlling exclusive jurisdiction goes to NC once recognized.

 

[chigirl]

Why is everyone so hard on gemeye?
I deleted my thread due to the madness her answers caused, but when it was proven that she was right, that a 14yr old in Ga can choose a parent, why did no one acknowledge that? And didn't she just say she doesn't have all the answers...that she wanted to learn something?

I am not wanting to cause anymore hate, but i am really curious as to why people on here seem so hateful, when posters are just trying to get advice.

 

[Ohiogal]

Why is everyone so hard on gemeye?
I deleted my thread due to the madness her answers caused, but when it was proven that she was right, that a 14yr old in Ga can choose a parent, why did no one acknowledge that? And didn't she just say she doesn't have all the answers...that she wanted to learn something?

I am not wanting to cause anymore hate, but i am really curious as to why people on here seem so hateful, when posters are just trying to get advice.

GEMEYE is not correct. 14 year olds DO NOT get to choose a parent. Courts decide. That is fact.

 

[Ohiogal]

You still didn't show me anything that actually supports what you said!

Clearly POINT out where it says the it cannot be modified by NC?

"(c) A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under G.S. 52C‑2‑207 establishes the aspects of the support order which are nonmodifiable."

If CA allows him to modify, and NC gets jurisdiction, why wouldn't the new award be under NC guidelines?????????????????????

Controlling exclusive jurisdiction goes to NC once recognized.

California will NOT allow him to modify at this poitn based on what he has said. Why? because the change is mom lives in NC with the children. He hasn't said his order will change in California thus allowing a modification. All he has said is that his order would change if calculated according to NC. Those are two very different things.