Q: I got divorced in 2015 texas and have a divorse decree there for set child support amount. My x wife moved to California
About a 1 1/2 yrs ago. I moved to Colorado work in Colorado the case was never transfered. I'm paying my child support on time. If we need to modify the child support amount. Will they go by colorado calculator or California? Thanks in advance
A:
Child support is based on the jurisdiction of the child(ren). The test is usually, which state have the children (each counted separately) permanently resided for over 6 months? Note, there are exceptions which can negate the 6 month requirement (e.g. when both parents and the children leave the state with the original decree). Note, regardless of jurisdiction, continue to make support payments per the existing order.
Based on your incomplete facts, it appears CA would be the correct state to file in (assuming the 6 mo. requirement is met). For a specific review of your situation, you will need to contact an attorney directly.
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