QUESTION
Who has JUrisdiction over a child support case that initially was part of a Texas divorce decree,but moved to the Oklahoma court system?
Asked on Aug 18th, 2012 on Child Support - Oklahoma
More details to this question:
A fruadulent claim was filed for back chid support thru the state of Texas, where the divorce took place in 1994. The DHS never oversaw the issue, and the support was presented and taken over by the state of Oklahoma in 1999 wher all parties resided and were residents. The calim is fraudulent overall in regards to back child support,plus the children lived their last few years before adulthood with the non custodial parent.All parties were residents of the state of Oklahoma from 1999 to 2011. Who has jurisdiction?
1 ANSWER
Generally a state that enters an order always retains jurisdiction to enforce that order. Jurisdiction over the obligor to modify an order stays with the state that entered it until all of the parents and children involved have moved away from the original state. Enforcement of an order against the obligor can also be accomplished in the the obligor's new state of residence by registering the order in that state. If all the parties and children have moved from the original state, then the obligor can seek to modify in the state where the recipient lives, and the recipient can seek to modify in the state where the obligor lives. Provisions of the Uniform Interstate Family Support Act make it possible for parents in different states to work cooperatively through each of their states' child support enforcement agencies to simplify matters.
Answered on Aug 19th, 2012 at 10:55 AM