Hello! Can anyone tell me if I'm interpreting these acts correctly and if they apply to my case?
My ex husband and I got a divorce in California- therefore California holds jurisdiction over my minor children. At the time of the divorce I got a move away order for me and my kids to move to another state. My ex husband still currently resides in California. I have been receiving child support as per our order from the California court for the past few years. I am now moving to another state and need permission from my ex husband to take my kids with me. He is refusing to give me permission unless I agree to his conditions- two of which are lowing child support to the guideline for the state I will be moving to and the other to not pay child support during the summer months that he has them.
I have been doing a lot of research on child support issues and have read about the 'Uniform Interstate Family Support Act' and the 'Uniform Child Custody Jurisdiction and Enforcement Act'.
I read that under the UIFSA "The first state to impose a support order retains "continuing exclusive jurisdiction" as long as one of the parties continues to reside in that state or if both parties agree to transfer jurisdiction to another state. Until one of those events occurs, only the state which authorized the original support order can modify the award. In this way, all parties, courts and enforcement officials are assured that, between UIFSA states, there can only be one support order in effect at any given time."
And under the UCCJEA "The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months)."
My ex husband says that his lawyer told him once I establish residency in my new state he can then go to that court and switch the jurisdiction of my children, thus lowing support. But it seems to me under the above stated acts this is not possible. My ex is insistent that I agree to his terms to avoid having to go to court to get this sorted out. I however believe he is incorrect in his findings and would like to know for sure if I am protected against him switching jurisdictions and lowing the much needed support.
My ex husband and I got a divorce in California- therefore California holds jurisdiction over my minor children. At the time of the divorce I got a move away order for me and my kids to move to another state. My ex husband still currently resides in California. I have been receiving child support as per our order from the California court for the past few years. I am now moving to another state and need permission from my ex husband to take my kids with me. He is refusing to give me permission unless I agree to his conditions- two of which are lowing child support to the guideline for the state I will be moving to and the other to not pay child support during the summer months that he has them.
I have been doing a lot of research on child support issues and have read about the 'Uniform Interstate Family Support Act' and the 'Uniform Child Custody Jurisdiction and Enforcement Act'.
I read that under the UIFSA "The first state to impose a support order retains "continuing exclusive jurisdiction" as long as one of the parties continues to reside in that state or if both parties agree to transfer jurisdiction to another state. Until one of those events occurs, only the state which authorized the original support order can modify the award. In this way, all parties, courts and enforcement officials are assured that, between UIFSA states, there can only be one support order in effect at any given time."
And under the UCCJEA "The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months)."
My ex husband says that his lawyer told him once I establish residency in my new state he can then go to that court and switch the jurisdiction of my children, thus lowing support. But it seems to me under the above stated acts this is not possible. My ex is insistent that I agree to his terms to avoid having to go to court to get this sorted out. I however believe he is incorrect in his findings and would like to know for sure if I am protected against him switching jurisdictions and lowing the much needed support.
