Legal Question in Family Law in Kansas
Divorced in MO, Wife now in KS, Husband in TX- how to change child support?
My boyfriend ''Bob'' wants to have his child support amount reduced. The divorce was in MO and the MO DCSE now handles it. They say the case needs transfered, but because Bob lives in TX and ''Mary'' the ex, lives in KS with the children, we have no idea what state is responsible for what or where to begin.... Do we need a MO attorney? A TX attorney? A KS attorney? And what state, KS or TX will the child support calculation be done with? What kind of attorney fees for something like this be, assuming Mary is semi-agreeable, which so far she has been. Can someone please help!
2 Answers from Attorneys
Re: Divorced in MO, Wife now in KS, Husband in TX- how to change child support?
Under Texas law, Texas would not have jurisdiction to hear the case until the child has resided here for at least 6 months. Therefore, my opinion is you either can file in MO, if MO law will allow there court to still have jurisdiction, or file in KS, if KS law allows their court to assume jurisdiction. Based on the other attorney's response, it looks like they do. Therefore, I start with a KS lawyer.
Good luck.
Re: Divorced in MO, Wife now in KS, Husband in TX- how to change child support?
Based upon the information you presented about residences of mother, father and children, it would appear that KS would be the appropriate State to accept venue (hear the case). Does Mary intend to continue to reside in KS with the children? If so, she can file Petition for modification of child support in KS; the judge in her jurisdiction will contact the judge in the jurisdiction presently holding venue and they will assess where the children reside, where the most current information about the children (medical, educational, etc.) would be found, and then if Dad has no objection, child support would be calculated based upon income available to each of the parents which will be entered into a 'scale' to determine the appropriate amount. Did I get tooo techical? Good luck.
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