Q: cs is through ohio divorce order. i now live in colorado my x lives in ky. do i switch my child support to where i live?
when we got divorced last year we both lived in ohio. i moved to colorado 4 months ago and my x moved to ky about 2 weeks ago. do i change my child support to colorado now or should i leave it?
A: You will need to eventually change it, but it is probably premature right now. This is not a difficult process (provided that the child support is only a simple transfer and not a modification). The only difficult issue that you have right now is jurisdiction (where to file). Your ex has probably not lived in KY long enough to qualify for him to be a resident of Kentucky (most states require 90-91 days in state). You may have difficulty transferring the child support until your ex terminates his residency in OH and transfers this to another state (presumably KY). Also note, residency is a loose concept which does not require a court filing (the test for most people is do you have a PRIMARY residence in the state for the statutory period of the applicable state). CO, KY, and OH will have resources on the transferring (I recommend that you contact OH first since they have continuing jurisdiction right now). You can also contact an attorney (the attorney can be in Colorado if the attorney is only advising you and not filing the forms or appearing in court in KY or OH).
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