Q: Will the decree change if neither parent lives in the Home state anymore?
My husband and his ex-wife divorced in Texas. She moved to Florida with the children several years ago. We were told the decree would stay in Texas due to the Dad still living here. We will be moving to another state soon, therefore neither parent will reside in Texas. I'm under the impression the decree will transfer to Florida since that is where the kids live. What does that mean for us? Would we need to get a Florida lawyer? Right now child support ends at age 18 or upon completion of high school. His ex-wife has been wanting to have our child support extended through college. Are we at risk of having this modified against our will if we move away from the 'Home' state?
A:
The decree (a piece of paper signed by a judge) will stay with the clerk of court where it was entered (somewhere in Texas, in this case). It won't be transferred to another state. What I believe you are asking is whether the divorce case (including a child support order) will be transferred to Florida. And the answer to this is also no: it is possible that the ex-wife might file a new case in Florida, requesting modification of the child support provisions of the Texas case. If so, your husband should hire an attorney who might well ask that this new case be dismissed, as it was already decided in Texas.
It appears that the proper thing for the ex wife to do, if she can prove an unforeseen change in circumstances, is to file a motion, in the Texas divorce case, asking that the decree be modified. For that, of course, you would need a Texas attorney.
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