Can mychild support modification casebe heard where I am currently living?

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Can mychild support modification casebe heard where I am currently living?

Both my daughters mother and I have moved from the county where the original case was heard and I would like to get it modified. Can this be done where I am living currently or does it have to be where my daughters mother is living?

Asked on June 24, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would double check this matter with the courts or with an attorney in your area but the general rule about modification of a child support order is that the request for modification must be made in the state and county in which the CHILDREN reside.  The court is making a determination as the children.  That means that the Judge has to have what is known as jurisdictionover the parties in order to be able to make a decision that will effect them.  I hope that this was helpful and again, double check it with an attorney in your area.  Also, be aware that in order to modify an agreement there generally has to be a change in circumstances.  Good luck.


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