Legal Question in Family Law in North Carolina
My fiance has a divorce decree from the state of MO. Her and her ex husband lived there at the time but now we live in NC with the kids and I believe he is living in OK. He recently filed a motion to modify his child support and she was served with papers from the state of MO. Thats where his child support has been coming from, they garnish it from his wages when he has any. He is filing to pay less. We have gotten an attorney in MO, but now are finding out that we have to make the 12 hour trip, with the kids because there is no one to watch them and they are also going to miss school, to attend a court hearing. Is there not something we can do to not have to attend this hearing or have the jurisdiction moved? Considering that we live in NC with the children and he isn't living there anymore either? Please help, time is running out and I just don't know what we are going to do!
1 Answer from Attorneys
You should consult with a local NC family law attorney and / or your local child support enforcement office. If the children have resided in NC long enough, it might be possible to start the process over here in NC and have an NC child support order established. Especially if neither she, the children or the ex husband have any further connection to MO. If you can get an order here in NC then if the ex wants to modify it he'll have to deal with it here in NC.