Legal Question in Family Law in Massachusetts
Jurisdiction determination
What are the guidelines for jurisdiction determination for a child support case that has the original divorce decree & a child support modification (~9yrs later) from WV. The children are above the age of majority (21 & 19) & now reside in MA as they did when the cs modification was completed in 2003. Noncustodial parent now lives in VA.
2 Answers from Attorneys
Re: Jurisdiction determination
If the obligee(the one to whom the support was owed) were interested in pursuing the obligor(the one ordered to pay)for accrued arrearages under a West Virginia decree/order, that decree/order would need to be registered in one of the appropriate courts of Virginia and a hearing very likely held on the issue of any allegedly unpaid and still outstanding arrearages.
And, after such arrearages had been established by the Virginia court, the matter could then be pursued for enforcement by the obligee against the above-described obligor as Virginia should now have proper jurisdiction over the matter of any child support arrearages owed by the latter to the former.
Re: Jurisdiction determination
Majority is not reached if the children are attending secondary education, and the none custodial spouse is has not established it. Usually jurisdiction is either where the children reside as minor for a period of at least six months. The approach also depends if the revenue department is involved.