6
   

Can child support be reopened in another state?

 
 
Reply Wed 5 Nov, 2014 12:16 am
My ex and I lived in CA and both moved away to different places. She is in PA. She was claiming that she still lived in CA and I had to prove to CSS that she was living in PA. I won and they closed the case in CA. Now my question is. Is she able to reopen the case in PA? And if so, I to this date not heard of anything but I dont want any surprises.

For example, if I travel out of the country I dont want the airport police to grab my passport and hull me off due to something in the system I am not aware of.

Final question, If she does reopen the case do the payments start from the reopening of the case or do the months in the past count as well?
 
roger
 
  2  
Reply Wed 5 Nov, 2014 12:22 am
@confusis2222,
Domestic support orders apply nationwide, regardless of which state had jurisdiction and in which state any of the parties reside.

I never heard of a passport being pulled. Probably unlikely but possible. I knew of one father who owed to three different women, and dog only knows how many children. They did have his CDL pulled, though I haven't seen this more than once.

Are you planning on evading child support? It can work for awhile if you change jobs often enough, but you will end up owing every last bit of it.
cherrie
 
  1  
Reply Wed 5 Nov, 2014 12:54 am
@confusis2222,
Why don't you just man up, take responsibility and pay it.
confusis2222
 
  1  
Reply Wed 5 Nov, 2014 12:54 am
@roger,
No evading. I am curious but cautious about researching if she tried to reopen the case in PA now that she lives there. I haven't gotten any notices after the case was closed in CA. and if she does reopen it fine. But will I owe for the previous months all at once? That is what scares me. Payments are fine but when things sit idol and add up...
confusis2222
 
  1  
Reply Wed 5 Nov, 2014 12:56 am
@cherrie,
Read up. I dont have anything to currently pay as far as I know. I made my payments on time in CA every month. She falsely claimed she was still in CA when she moved for months and I still paid till I alone proved her new residence out of state. I want and will do the right things. I am worried about lags and laws.
roger
 
  2  
Reply Wed 5 Nov, 2014 01:04 am
@confusis2222,
Your case was never closed. Child support is ordered by the court and remains in effect till the child(ren) reach a majority or whatever else is specified in that order. I'm beginning to understand that when she left California you believed your obligation was finished and you simply quit paying.

Regardless of the amount ordered, if it comes down to garnishment of wages, they can only take 50% after required deductions for taxes, union dues, and the like. California is one of two states that allow a 60% garnishment if the backlog of payments is considered "excessive". I have no idea what constitutes "excessive delinquency".
confusis2222
 
  1  
Reply Wed 5 Nov, 2014 01:16 am
@roger,
You brought up a great point. Here is what happened and where I am confused. The court order was being executed by Child support Services by the county. It was them I was dealing with for the payments and moving issues. They have their own lawyers and I have documents stating that "We will be closing your case here in our office at this time. "

The document goes on to say that "this case can be reopened and enforced against you". ---Now my question are; if she reopens it will it be backdated? and how do I find out if its already been opened in PA.
roger
 
  1  
Reply Wed 5 Nov, 2014 01:24 am
@confusis2222,
It will be back dated to your last payment.

Call the Child Support Bureau in PA and ask. If you are currently employed, you employer has completed and filed a New Hire Report. It is required of them. No telling how long it will take to be sent from your state to hers, but you are still going to be responsible for any amount in arrears.
0 Replies
 
cherrie
 
  2  
Reply Wed 5 Nov, 2014 01:30 am
@confusis2222,
You didn't say in your op that you had been paying it, so I assumed that you were trying to avoid it.
If that's not the case then I apologise for my assumption.
roger
 
  1  
Reply Wed 5 Nov, 2014 01:31 am
@cherrie,
Good point, cherrie. I guess I was doing the same.
cherrie
 
  1  
Reply Wed 5 Nov, 2014 02:20 am
@roger,
It was an easy mistake to make.
0 Replies
 
Ticomaya
 
  3  
Reply Wed 12 Nov, 2014 07:00 pm
@confusis2222,
Roger is correct. The case is "closed" in CA from the standpoint of the state's enforcement of the support order. You are still ordered to pay child support, and you will owe the currently ordered (from CA) amount for each month that goes by. Your child support arrearage is increasing each month.

She can "re-open" a case in PA, for purposes of enforcing the current order, and she can register the order there for that purpose, or in the state you are living in. If she wants to modify the existing order, she will likely need to file in whatever state you are living in ... or if you want to modify the existing order, you will need to file in PA where she lives -- per the Uniform Interstate Family Support Act (UIFSA) .
0 Replies
 
ehBeth
 
  1  
Reply Wed 12 Nov, 2014 07:37 pm
@confusis2222,
If you are not paying someone the money that was ordered, make sure you are putting it aside so that it is available when it is demanded.

You can expect to owe for every month since the order was made, less any payments you have made.

If for some reason the courts/county don't reopen the order (or don't catch up with you), you'll have the kid/s college money already saved up.

It's all good as long as it ends up benefitting the kids.
0 Replies
 
 

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