More details to this question:
I have an issue with my ex-wife and child support. We were divorced back in 2014 Columbia South Carolina, and there was an order to provide child support for 3 children. She the mother is a currently US Soldier and it is now residing in Hawaii. During the time of our divorce I was working in Afghanistan as a contractor and the child support I was order to provide for three children was based on the income I had back them. So, here are the issues I need assistance with: 1. I have been back from overseas since August of last year and I am no longer making that type of money. 2. The oldest child turned 18 years old back in november of 2016 and has since graduated from high school, has not live with the mother for the past 4 years and has his own job. 3. I would like assistance modifying what I have mentioned above. The remainder children are Female born August 02/2000 and the youngest male born December 14/2003 The mother is has open a child support case in Hawaii with the intenti
1 ANSWER
Your question drops off in the middle of a sentence, and it omits a critical fact -- where you are living now. If you remain in the jurisdiction that entered the order (apparently SC) then under UIFSA that State retains exclusive modification jurisdiction ("CEJ"). If no one is living in the jurisdiction that entered the order, then you must move to modify it where she is living (apparently Hawaii) and if she wanted to modify she would have to do it where you are. Full details in the article "The Basics of Family Law Jurisdiciton" posted here.
No matter which state is appropriate, however, the existing order should have called for termination of child support for emancipated children. You probably need to assemble all of the actual facts (who paid what, when) and orders, and consult with a family law specialist in the place that has jursdiction to modify the existing order.
Answered on Jun 22nd, 2017 at 5:57 PM