Can My Ex Open A New Child Support Case In Another State?
|Saturday, 09 June 2012 00:00|
However, my ex-wife and child now live in another state where the child support age of emancipation is 21, and she is threatening to take me back to court to have a new support order entered until our child turns 21.
Can she do that even if my child support orders were already fulfilled by the issuing state?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child support laws where I am licensed to practice.
If your state's child support law terminates child support once the child reaches the age of 18, another state's courts likely do not have jurisdiction in your case to modify the child support order.
Pursuant to the Full Faith and Credit Clause of the U.S. Constitution, states are required to give respect to valid judgments issued in a sister state.
This means, that regardless of what the law is in another state, if the child support laws in the state where the judgment was entered provide that child support ends at age 18, then another state's courts must respect that judgment and cannot modify its terms based on its own laws.
Please keep in mind there are exceptions to when courts are required to uphold the judgments of other states, so it is in your best interests to talk with a mens divorce attorney regarding the details of your case.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.