Henrico, VA asked in Child Support for Virginia

Q: My son’s mother has a child support order established in Brooklyn. She just moved to NC. I live in VA. How do we move it

I want the order moved to NC or VA. I also just lost my job and plan to put a stop order on the order until I find a new job. I always pay my child support, however I think my new job will be less money and would like a modification. Will they base the number on NY or will they base it on NC or VA

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
  • Vienna, VA
  • Licensed in Virginia

A: When a court issues a child support order, that court has exclusive continuing jurisdiction to modify that order so long as someone continues to live in the state.

Unlike custody that follows the child, the new jurisdiction to modify support cannot be determined until someone wants to modify.

Whoever wants to modify must go to the responding party's location. So, if you in VA are the first to want to modify, you go to NC. Once NC issues an order, NC has continuing exclusive jurisdiction so long as the mother lives there.

If the mother in NC wants to modify, she comes to you in VA. Jurisdiction stays thereafter.

The amount of support will be based on the law of the state modifying. The duration will be NY duration. I think NY has support to 21 whereas a VA is age 18. So a VA court would set the amount by VA law, but you would pay as long as you would in NY.

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