QUESTION

Should I hold off filing child support?

Asked on Feb 23rd, 2012 on Child Custody - North Carolina
More details to this question:
I am due with my first child in April. The father is in the Navy. When she is born and paternity is proven he is ordered (Navy regs) to give 1/6 of his pay to support her until I file for child support or we come to an agreement. I plan on filing for support. The question I have is, I live in NC now, but plan on moving to Ohio where my family is. I know that the standards for support are much better in Ohio, should I go ahead and file when she is born in NC and then re-file in Ohio after I live there for six months? Or should I just hold off on filing in NC and keep the 1/6 until I establish residency in Ohio?
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1 ANSWER

Child Custody Attorney serving Charlotte, NC
2 Awards
Child support in North Carolina is determined by calculating several factors including the number of overnights a parent has with a child, the amount of income each parent has to support the child, and several other factors. Whether or not one state is better for filing child support in would depend on the particular facts of the situation. The Uniform Interstate Family Support Act (UIFSA) is a law which regulates the processing of all cases in which parties are located in more than one state. Once a child support order is put in place in one state, another state can and will enforce the order. Whether or not a state would modify another state's order depends on a number of circumstances. You may find this link helpful. http://info.dhhs.state.nc.us/olm/manuals/dss/cse/man/CSEcS-04.htm. I would recommend that you consult with an attorney about the individual facts of your case.
Answered on Feb 29th, 2012 at 4:47 AM

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