Orlando, FL asked in Child Support, Child Custody and Family Law for Florida

Q: Can child support be modified in FL/TX before resolution in IN?

I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there have been significant changes in parenting time and circumstances since the original order. The non-custodial parent, who had abandoned the child and had no contact since the original order, is seeking financial information in Indiana with plans to request a modification there. He was unemployed but is now employed. The custodial parent does not agree to modify the order in Indiana and is currently seeking collection of unpaid medical expenses in Indiana. Nothing has been filed in Florida or Texas. Do I have to wait until the enforcement case is resolved in Indiana to modify child support in Florida or Texas?

1 Lawyer Answer

A: The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a pending action in IN. Speak with a local family lawyer for more specific advice.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.