Fayetteville, NC asked in Family Law and Child Support for North Carolina

Q: Do you change the venue of a custody&support case every time you PCS? Was in CA, now in NC.

My ex is army. Our divorce, custody and support case is in CA, where we are from. He’s in WA now, my current husband has us stationed in NC. My ex wants to lessen child support because he says the cost of living is less in NC for our daughter. He’s also refusing to pay half her tuition which is ordered in our custody papers. Hes petitioning to move the venue from CA to NC, then plans to petition to revisit child support.

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Soldiers usually aren't that dense. The cost of living does not factor into child support so that is not grounds to reduce child support. If the child has been in NC for at least the past 6 months, jurisdiction is likely now in NC so at least your ex may have gotten that part right. However, after all that effort, expense and travel, to change venue (which you likely should not object to - let him dig his own grave) he is likely in for a big surprise with the end result.

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