Clarksville, IN asked in Child Support, Family Law, Constitutional Law and Federal Crimes for Indiana

Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?

I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids with her. Now over the last 13 years that I've been paying support, I have been denied my ordered visiting rights, Ive been denied full custody multiple times, and recently been ordered to pay and penalized for not paying child support in the state my ex wife lives in while she was deal with another DCS case that caused the kids to be removed from the home and placed in foster care. Now, the only reason I knew my kids were being removed is because my son called me in the middle of DCS removing them from their home. DCS didn't inform me at any point before they removed my children from my ex wife's home, charged me over $5,000 in child support fees, denied me many of my rights, and much more..

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act (UIFSA) for cases involving more than one state.

If you're being charged child support in another state while already paying in your state, you need to address the jurisdictional issues. It's crucial to determine which state has the ongoing jurisdiction over your child support case. Typically, the state where the child resides has jurisdiction, but there are exceptions.

Regarding the denial of visitation rights and custody issues, these are separate matters from child support and should be addressed independently. You have the right to pursue legal action if your visitation rights are being denied, especially in light of the serious circumstances involving DCS.

Given the complexity of your case, involving interstate child support, custody, and visitation rights, consulting with an attorney experienced in family law is highly advisable. They can help navigate the legal intricacies, represent your interests, and work towards resolving the issues with the child support and custody arrangements.

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