Legal Question in Family Law in Massachusetts
I divorced my ex-wife in 1997 and she is considering a modification in child support. I was, and still am employed by the United States Air Force. Since she has moved to Arizona and claims she is going to file in that state? Further, I have re-married and had two children. 1. Will we have to go to court in MA? 2. Is my support for my exsisting family taken into consideration?
Thanks
3 Answers from Attorneys
Review your divorce judgment with the attorney who represented you regarding it, or an attorney you now retain, to determine if the the court that issued it retained jurisdiction to modify the order. And discuss with that attorney the requirements for such a modification. Good Luck!
If the divorce and initial child support judgment occurred in MA and you are still DOMICILED in MA, the child support modification is a Massachusetts case UNLESS you agree that it is an Arizona case. This is simple jurisdictional law.
As a military man, your domicile may well remain her in MA unless you changed it. Where do you register to vote?
If both of you have changed your domicile, the you should check the law. My recollection (NOT CHECKED!) is that the law of the children's state of domicile would control. However, I could be wrong about that.
I agree with Attorney Lee that if your domicile is Massachusetts, then Massachusetts retains jurisdiction to modify the order. If both of you have moved from Massachusetts, then the requesting party (your ex-wife) is required to file for modification in the non-requesting party's state (where you live). The child's residence is only a factor if there is more than one state that issued an order and that can claim continuing jurisdiction.