Richmond, VA asked in Child Support for South Carolina

Q: My ex-wife took child support out on me 13 years ago in the state of South Carolina she has lived in North Carolina for

10 years does she have to move it

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1 Lawyer Answer

A: Not necessarily.

A state that issues a child support order retains exclusive jurisdiction regarding that order so long as a parent or child lives in the state, i.e., no other state can modify the order.

When both parents and all the children leave the issuing state, the state next taking jurisdiction is indeterminable until someone files a motion to modify. The jurisdiction then moves to the responding party's state. For example, everyone leaves SC, she wants to modify, she has to go to your state. If you want to modify, you have to go to her state.

Then, the exclusive jurisdiction thing arises again so long as someone lives in the new state.

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