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May 07
2003
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Ask a Lawyer: Who has jurisdiction of child supportPosted by: Dads Divorce on May 7, 2003   |
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Question:
My ex wife filed a motion in Indiana(Madison County) to Localize and Grant Full Faith and Credit to the State of Virginia Divorce Decree in 1998. We were divorce in the state of Virginia and I was ordered to pay $380 per month child support. My daughter reached 18 last August and graduated from high school, However Indiana is still making mepay child support. Virginia law says you pay child support until 18 or 19 if not completed high school. Indiana law is child support until 21. Who has jurisdiction Virginia or Indiana? I wrote a letter to the prosecutors Office, Madison County(Indiana) stating Virgina has jurisdiction, however they never contacted me back and continue garnishing my paycheck.
Answer:
If your divorce was granted in Virginia and solely moved to Indiana for the purpose of enforcing the Virginia Order then Virginia law should apply. Meaning that Indiana has the power to enforce the existing order but any modification of the Virginia Order should be pursuant to Virginia Law. I am making the assumption that child support order was registered under UIFSA (Uniform Interstate family Support Act). If it was registered under another provision it is possible for Indiana Law to be applied. You should have an attorney look over the Court order to know for sure.
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