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

Q: Shd an existing childsupport order in TX be transferred to NC? What happens if the NCP doesn't travel to NC for court?

My child, myself and the father we're all in Dallas, TX when the order was established in court in 2009. My child and I moved to NC 2yrs ago but I didn't see the need to transfer the case to NC because no modifications we're needed at the time, so it is still in TX. Since the order was established nearly 10yrs ago the cost of living has increased & as my child has gotten older her needs have changed and become more expensive. When a modification is requested in TX the Attorney General (AG) will conduct a negotiation between the parents before attempting to take it to court. If an agreement cannot be made the case will go to court. During our negotiation the AG determined (based on his current wages) that childsupport should be doubled and the father disagreed. So now we have to go to court but I'm not sure if I should leave the case in TX or have it transferred to NC and what happens if he doesn't fly to NC for a hearing?

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1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Why would you want him to go to the hearing? If he doesn't show - you win. However, you likely need to consult with attorneys in both states. There will likely be pros and cons that need to be weighed regarding the decision to proceed in TX or NC.

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