Legal Question in Family Law in Tennessee

Ex moved to DE and son and I want to move to De

My ex moved to NJ in Feb'05 - no notice or anything -at the time, he hadn't seen our 12 year old son in over 5 months beofre he moved. Now, my son and I are planning on moving to De, to be closer to family. My ex has not called since he moved. Child support Division is now garnishing his wages for child support and back support. My question is, do I wait and change the plan when we get to DE? Do I change it before we move? I will be sending him notice of the move. I don't want to do anything wrong on my part even though he has not called or even written our son since he left. Can someone just point me in the right direction. Can I fill out a new parenting plan and give it to the judge's secretary to have the judge sign and I'll pay the fees or do I need another attorney. Help? Thanks! All responses are apreciated.


Asked on 5/13/05, 6:12 pm

1 Answer from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: Ex moved to DE and son and I want to move to De

Seeing this is concerns a divorce, I would send him notice of the move. After getting to DE, I would have the decree registered in county court in DE that handles divorces to give that Court the authortity to enforce the decree if he ever becomes delinquent in his child support payments or failes to comply with any other portion of the final decree. IF HE BECOMES DELINQUENT IN HIS CHILD SUPPORT (MORE THAN 45 DAYS), I would immediately file a contempt action against him. If he has a history of nonvisitation he may at some point become delinquent in his support obligation. If you ever apply for state benefits in DE, generally, the child support agency handling enforcement handle the contempt petition.

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Answered on 5/14/05, 3:13 pm


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