Question:

If a child support order that was established in the state we were divorced in was later vacated and the custodial parent now lives in another state, can the custodial parent file for child support in a new state of residence?

Since vacating the original child support order makes it null and void, does the original state lose jurisdiction over the child support order?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce and child support laws where I am licensed to practice.

Under the Uniform Interstate Family Support Act, jurisdiction regarding child support and continuing exclusive jurisdiction rests with the state that entered an enforceable child support order provided that the child and mother (in your case) and the father reside in the state. Once all parties leave said state, exclusive jurisdiction is lost.

However, it appears from the information you have provided that the child support order has been vacated. Therefore, jurisdiction to enter a new order may be in the state of your residence, the state the child resides, or both.

The question of jurisdiction rests within the divorce laws of those states.

Divorce Resource: State Divorce Laws

If the custodial parent requests services from the state agency that enforces child support it is likely – though not required – that the case will be filed in your state as the child support payor as it is easier to perfect service in your state and have you appear at hearings.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.