How doI modify child support filedinone statewhenI currently live in anotherand my ex lives in another?

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How doI modify child support filedinone statewhenI currently live in anotherand my ex lives in another?

I was paying child support for 8 years until about 2 weeks ago when I had to quit my job; I am going full-time to college during day (my classes were nights for the first year however they shifted to day). I was making $13.50 an hour for 40 hours a week and now only making around $8.25 an hour for only 30 hours week (if that). I just started. Without having to live in my car I cannot maintain a place to live, make my car payment and go to school fulltime for a degree. I live in PA; ex is in MO; order issued in TX. 

Asked on August 1, 2011 Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

There is a basic "rule" that applies in court cases: that the court be allowed to hear that type of case (subject matter jurisdiction) and that the court be allowed to make a decision over the person or persons involved in the case (personal jurisdiction).  In cases involving children and child support and custody, the laws are pretty uniform that the application to the court to modify the order5s pertaining to children MUST be made in the state in which the children reside.  So your application to modify has to be made in Missouri.  Yes, Missouri.  Now, courts permit modification when there is a change in circumstances.  However, a party can not intentionally change their circumstances to avoid support.  You have said that your classes have been switched, not that you intentionally switched them.  And you seem to still be working which shows your intent to still be supporting.  Good luck.


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